television and radio · television and radio commercial announcements agreement october 17,2004 -...

T ABLE OF CONTENTS

TELEVISION AND RADIOCOMMERCIAL ANNOUNCEMENTS AGREEMENT

(October 17. 2004 - October 16, 2007)

ARTICLE I: PARTIES, TERM, AND APPLICABILITY

1. PARTIES..................................................................................................................................................1

2. TERM ......................................................................................................................................................1

3. SERVICES COVERED...............................................................................................................................1

4. SUBSIDIARES AND CONTROLLING INTERESTS .....................................................................................1

5. NON-TRASFERAILITY ........................................................................................................................2

.6. TERMINATION ........................................................................................................................................2

7. OUTSTANDING CLAIMS..........................................................................................................................2

8. WAIVERS ................................................................................................................................................2

9. ApPLICABLE LAWS.................................................................................................................................2

10. CAPTIONS ...............................................................................................................................................3

ARTICLE II: RELATIONSHIP OF THE PARTIES

1. RECOGNITION ........................................................................................................................................4

2. BARGAINING UNIT WORK......................................................................................................................4

3. UNION SECURITy....................................................................................................................................4

4. BYLAWS..................................................................................................................................................4

5. CONFLICT OF DUTIES.............................................................................................................................4

6. PRIMARY LABOR DISPUTES .........................................;.........................................................................5

7. RIGHT OF ACCESS ..................................................................................................................................5

8. NON-DISCRIMINATION...........................................................................................................................5

9. EMPLOYER'S OBLIGATIONS ..................................................................................................................5

10. FEDERATION'S OBLIGATIONS ...............................................................................................................5

11. UNAUTHORIZED PRODUCTION...............................................................................................................5

12. RIGHT TO INFORMATION .......................................................................................................................6

13. RIGHT TO AUDIT ....................................................................................................................................6

14. INDUSTRY-FEDERATION COMMITTEE...................................................................................................6

ARTICLE III: INIVIDUAL CONTRACTS

1. CONFORMITY WITH AGREEMENT .........................................................................................................7

2. PRESUMED CLAUSE................................................................................................................................7

3, INDIVIDUAI.I.Y CREATED CONTENT .....................................................................................................7

4. TERMNATION OF AGREEMENT .............................................................................................................7

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ARTICLE iv: TRASFER OF RIGHTS

1. FEDERATION ApPROVAL........................................................................................................................8

2. ASSUMPTION AGREEMENT ....................................................................................................................8

3. SURVIVAL CLAUSE .................................................................................................................................9

ARTiCLE \l; GRIE,lAì~CE M~D ARBiTRiTiûN

1. SCOPE OF GRIEV ANCES........................................................................................................................1 0

2. STEP I-INITIATION OF GRIEVANCES.................................................................................................10

3. STEP 2-REsOLUTION MEETING ........................................................................................................10

4. STEP 3-WRITTEN ANSWER................................................................................................................10

5. STEP 4-DEMAND FOR ARBITRATION..........~......................................................................................10

6. SELECTION OF ARBITRATOR...............................................................................................................10

7. HEARNG AND AWAR..................................................................................... ...................................118. EXTENSION ...........................................................................................................................................11

ARTICLE vi: REPORTING

1. OBLIGATION TO REpORT .....................................................................................................................12

2. SINGLE PAYMENT FOR MULTIPLE SERVICES .....................................................................................12

3. COMPLETION OF REpORTING FORMS; REpORTING VIOLATIONS .....................................................12

ARTICLE VII: SESSIONS

1. MINIMUM CALL SESSION.....................................................................................................................13

2. GUARTEED LENGTH OF CALL................................................................................................;........13

3. OVERTIME ............................................................................................................................................13

4. SINGLE ADVERTISER............................................................................................................................13

5. MEAL PERIOD ......................................................................................................................................13

6. REST PERIODS ......................................................................................................................................14

7. CONTRACTOR REQUIRED ....................................................................................................................14

8. LEADERS AND CONTRACTORS PAID DOUBLE..................................................................................... 1 49. SINGLE MUSICIAN ................................................................................................................................14

10. SAME MUSICIAN................,..................................................................................................................14

11. DOUBLING ............................................................................................................................................14

12. MULTIPLE PARTS.................................................................................................................................15

13. CARTAGE..................................:..........................................................................................................16

14. PREMIUM RATES..................................................................................................................................16

15. DISMISSAL ...........................................................................................................................................16

16. CANCELLATION..................................................................................................................................17

17. PUBLIC SERVICE ANNOUNCEMENTS ...................................................................................................17

18. SESSION NOTIFICATION .......................................................................................................................17

19. SESSION REpORTS To ACCOMPANY SESSION PAYMNTS..................................................................18

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T ABLE OF CONTENTS

ARTICLE VIII: STANDARD RECORDING RATES

1. BASE SCALE-SESSION FEES.......................................................;.......................................................19

2. MAXMUM NUMBER OF COMMERCIALS PER SESSION .......................................................................19

ARTICLE IX: REGIONAL COMMERCIAL ANNOUNCEMENTS

1. PRIOR NOTICE..................................................................... .................................................................21

2. UNLIMITED COpy AND VIDEO CHANGES ............................................................................~...............21

3. REGIONAL COMMERCIAL ANNOUNCEMENTS FOR NATIONAL ADVERTISERS...................................21

4. REGIONAL COMMERCIAL ANNOUNCEMENTS FOR REGIONAL ADVERTISERS...................................24

ARTICLE X: LOCAL COMMERCIAL ANNOUNCEMENTS

1. PRIOR NOTICE......................................................................................................................................28

2. UNLIMITED COpy AND VIDEO CHANGES ...........................................................................................28

3. LOCAL COMMERCIAL ANNOUNCEMENTS FOR NATIONAL ADVERTISERS .........................................28

4. LOCAL COMMERCIAL ANNOUNCEMENTS FOR LOCAL ADVERTISERS ...............................................30

ARTICLE XI: INTERNET COMMERCIAL ANNOUNCEMENTS

1. EXPERIMENTAL....................................................................................................332. MADE FOR INTERNET............................................................................................ .333. USE OF MADE FOR INTERNET COMMERCIAL ON BROADCAST OR CABLE MEDIUM................. ..34

4 INTERNET USE OF COMMERCIAL ANNOUNCEMENTS MADE FOR INITIAL USE ON TELEVISION OR

RAIO. ...............................................................................................................345. DISPUTE RESOLUTION......................................................................................... ...35

ARTICLE XII: EDITING

1. LIMITATION ON USE.............................................................................................................................36

2. FEDERATION PERMISSION ...................................................................................................................36

3. MECHANICAL EDITING ........................................................................................................................37

4. CHANGES REQUIRED By LAW, BROADCAST STANDARS AND LANGUAGE TRASLATIONS ............39

ARTICLE XIII: DUBBING AND CONVERSION FEES

1. DEFINITION...........................................................................................................................................40

2. CONDITIONS FOR PAYMENT ................................................................................................................40

3. INFORMATION TO ACCOMPANY CONVERSION AND DUBBING P A YMENTS.........................................40

ARTICLE XIV: USEIR-USE

1. INITIAL USE ..........................................................................................................................................4 2

2. 13-WEEK RE-USE CYCLES ..................................................................................................................42

3. 8-WEEK USE AND RE-USE CYCLES-RAio COMMERCIALS ONLY....................................................42

4. SHORT TERM USE ................................................................................................................................43

5. USEIR-USE RATES .............................................................................................................................43

6. USE IN ADDITIONAL BROADCAST MEDIUM ........................................................................................45

7. FOREIGN USE .......................................................................................................................................46

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8. CABLE USE ...........................................................................................................................................47

9. NON-BROADCAST USE .........................................................................................................................47

10. NOTICE OF FIRST AIR DATE................................................................................................................47

11. USE OF CLAIMED COMMERCIAL ANNOUNCEMENTS ..........................................................................48

12. COMMERCIAL NOT USED FOR Two yEAR........................................................................................48

13. CALCULATION OF CYCLES ..................................................................................................................48

14. RE-USE REpORTS (ACCOMPANYING RE-USE PAYMENTS) ...................................................................49

ARTICLE XV: MUSIC PREPARATION

1. ARRGERS AND ORCHESTRATORS....................................................................................................50

2. COPyISTS..............................................................................................................................................52

3. GENERA RULES ApPLICABLE TO ARRGERS, ORCHESTRATORS, COPYISTS AND LIBRAANS ..57

ARTICLE XVI: SIDELINE MUSICIANS

1.. PA YMRNTS ..........................................................................,"",,..,,,."........"...."..............111..........11,.................................60

2. WORKNG CONDITIONS .......................................................................................................................61

ARTICLE XVII: PENSION FUND

1. PERCENTAGE CONTRIBUTION .............................................................................................................67

2. SUBMIT REpORTS; SUBJECT TO AUDIT ...............................................................................................67

3. SIMULTANÊOUS DELIVERY OF STATEMENTS TO FEDERATION..........................................................67

4. RIGHT TO AUDIT ..................................................................................................................................67

5. FEDERATION AND TRUSTEES MAY ENFORCE .....................................................................................67

ARTICLE XVIII: HEALTH AND WELFARE PAYMENTS

1. EMPLOYER CONTRIBUTION ................;.............;..................................................................................68

2. PA YMRNT TO MUSICIANS.....................................................................................................................68

3. CONTRIBUTIONS AR NOT WAGES......................................................................................................68

ARTICLE XIX: PAYMENTS

1. PLACE AND TIME..................................................................................................................................70

2. PAYMENT INFORMATION ......................................................................................................................71

3. LATE PAYMENT PENALTY ...................................................................................................................71

4. ADJUSTING UNDISPUTED OVERPAYMENTS.........................................................................................72

5. CURRNCY ............................................................................................................................................ 72

SIDE LETTER ............................................................................................................................................73

EXHIBIT A: ASSUMPTION AGREEMENT FORM...................................................;....................................74

EXHIBIT B: B-6 REpORTING FORM .........................................................................................................75

EXHIBIT C: GRIEVANCE FORM................................................................................................................77

INDEX ..........................................................................................................................................................78

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TELEVISION AND RADIO COMMERCIAL ANNOUNCEMENTS AGREEMENT

OCTOBER 17, 2004 - OCTOBER 16, 2007

TELEVISION AND RADIOCOMMERCIAL ANNOUNCEMENTS AGREEMENT

(October 17,2004 - October 16,2007)

ARTICLE I: PARTIES, TERM, AND APPLICABILITY

1. PARTIES

The Joint Policy Commttee on Broadcast Talent Union Relations of the Association of NationalAdvertisers and American Association of Advertising Agencies (ANA-AAA) and on behalf ofeach company whose name appears on the lists submitted to the Federation in October, 2004together with any other part which executes the appropriate Letter of Adherence (each of whichis herein severally called the "Employer")-and the American Federation of Musicians of theUnited States and Canada (herein called "Federation") agree to the following terms, conditionsand provisions (herein called the "Agreement").

2. TERM

This Agreement shall be in effect commencing October 17, 200~r in the case of any newsignatory Employer, on the effective date in the Letter of Adherence-and continuing throughOctober 16,2007.

3. SERVICES COVERED

This Agreement shall apply to the employment of persons who fall within the bargaining unitclassifications set forth in Aricle II (1) in connection with the recording of music tracks to beused in the production of television and radio commercial announcements, and the performanceof services under Aricle XV. Excluded from this Agreement are music tracks recorded inCanada by members of Canadian Locals performng services under the Television and RadioCommercial Anouncement Agreement for Canada. Commercial announcements (called "jingles.and spot announcements" in prior Agreements) shall include those announcements which consistof (1) words accompanying music, (2) words under or over music, or (3) music intended to beperformed without words. Theme music for a program shall be excluded from the definition ofcommercial announcements.

This Agreement shall also apply to the employment of persons who fall within the bargainingunit classifications set forth in Aricle II (1) in connection with the recording of music tracks tobe used in the production of Internet commercial announcements insofar as the Internetcommercial announcement is capable of being used on television or radio in the same form as onthe Internet.

4. SUBSIDIARIS AND CONTROLLING INTERESTS

The Employer's obligations under this Agreement shall also be binding upon (1) its subsidiaries,(2) any interest which controls it, and (3) subsidiares of any interest which controls it, to theextent that any of these makes or deals with commerciàl announcements covered by this

Agreement. The Employer, any interest which controls it, and the subsidiaries of either shall be

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OCTOBER 17,2004 - OCTOBER 16,2007

jointly and severally liable with respect to the Employer's obligations arising or due under thisAgreement. An interest which owns, directly or indirectly, at least 10% of any class of stock inthe Employer shall conclusively be deemed to control the Employer. A corporation shallconclusively be deemed a subsidiary of any person, firm or corporation which, directly orindirectly, owns at least 10% of any class of its stock.

5. NON-TRANSFERABILITY

This Agreement shall be personal to the Employer and shall not be transferable or assignable byoperation of law or otherwise without the written consent of the Federation. Without such

consent, the Employer shall not transfer or assign any individual contract or part thereof for theperformance of services of any member of the Federation or any other member of the bargainingunit or give anyone else control over such contract or such services. If the foregoing is violatedand services are thereafter performed by such members of the Federation or other person, or ifthe transferee or assignee does any act which the Employer is permtted to do under thisAgreement, the obligations and duties imposed by this Agreement shall be binding upon thetransferee or assignee.

6. TERMINATION

With respect to any individual Employer, the Federation shall have the right, at its option, totermnate this Agreement at any time after a transfer of any interest which controls that Employeror in the event that such Employer or any interest which controls it-or any subsidiary of either-makes or deals with commercial announcements covered by this Agreement without having ineffect a collective agreement with the Federation covering the same. This Section shall applyonly when the signatory Employer and the entity making or dealing with the commercial

announcements covered by this Agreement constitute a single employer or joint employers.

7. OUTSTANDING CLAIMS

The Employer represents that there does not exist against it any claim of any kind arsing out ofmusical services, and that if any valid claim is found to exist, the Employer shall satisfy thesame.

8. WAIVERS

No conduct or failure to act-with or without knowledge by the Federation--ther than a

statement in writing signed by a duly authòrized offcer thereof shall constitute a waiver by it ofany provision of this Agreement.

,

9. ApPLICABLE LAWS

With respect to services rendered in the United States, this Agreement shall be constred andapplied according to the laws of the State of New York and any action against the Federationshall be brought only in courts located in New York County. With respect to services renderedin Canada, this Agreement shall be construed and applied according to the laws of the Provinceof Ontario and any action against the Federation shall be brought only in cours located in theCounty of York.

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10. CAPTIONS

All headings are for convenience purposes only and shall not be construed to modify or amendany provisions or otherwise be part of this Agreement.

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ARTICLE II: RELATIONSHIP OF THE PARTIES

1. RECOGNITION

The Employer recognizes the Federation as the exclusive bargaining representative for those ofits employees working in connection with the making of commercial announcements who areincluded in a bargaining unit ("Musicians") consisting of instrumentalists, leaders, contractors,conductors, arrangers, orchestrators, music proofreaders, librarians, copyists, sideline musiciansand any person who, in exercising musical skills, utilizes a synthesizer or other electronic deviceto produce music.

2. BARGAINING UNIT WORK

The Employer shall employ only Musicians for the rendition of musical services for allcommercial announcements using live music made in the United States and Canada. The

Employer shall not record music tracks outside the United States and Canada for the primarypurpose of avoiding employment under this Agreement.

3. UNION SECURTY

To the extent permtted by applicable law, any Musicians performng services in the UnitedStates who are members of the Federation on the date of signing or the effective date of thisAgreement, or on the date of their first employment-whichever is later shall be continued intheir employment by the Employer only so long as they continue their membership in goodstanding in'the Federation. All other Musicians performng services in the United States shallbecome and continue to be members in good standing of the Federation as a condition of theiremployment no later than the 30th day following the commencement of their employment or theeffective date of this Agreement, whichever is later. To the extent permtted by applicable law,only the services of members in good standing of the Federation shall be used for theperformance of any bargaining unit work in Canada.

4. BYLAWS

All present provisions of the Bylaws, rules and regulations of the Federation are made par of thisAgreement as though fully set forth herein to the extent to which their inclusion and enforcementas part of this Agreement are not prohibited by any applicable law. No changes in theFederation's Bylaws, rules and regulations which may be made during the term of thisAgreement shall be effective to contravene any of the provisions hereof. The Employeracknowledges its responsibility to be fully acquainted, now and for the duration of this

Agreement, with the present contents of the Federation's Bylaws, rules and regulations.

5. CONFLICT OF DUTIES

To the extent permtted by applicable law, nothing in this Agreement shall ever be constred soas to interfere with any obligation which Musicians who are members of the Federation may oweto the Federation as members thereof.

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6. PRIMARY LABOR DISPUTES

All Musicians covered by this Agreement shall be free to suspend or terminate their services byreason of any strike, ban or unfair list of the Federation and shall be free to accept and engage inother employment of the same or similar character, or otherwise, for other employers or persons,firms or corporations without any restraint, hindrance, penalty, obligation or liability whatever,any other provisions of this Agreement to the contrary notwithstanding. It shall not be a violationof this Agreement and it shall not be cause for disciplinary action in the event a Musician refusesto go through or work behind any primary picket line of the Federation, including such primarypicket line at the Employer's place of business or at places of business to which Musicians aresent to perform by the Employer.

7. RIGHT OF ACCESS

A àuiy authorizeà business representative ûf the Federation and/ûr the Fedeíâtion Local in thejurisdiction of which services are rendered shall, upon presentation of proper identification to theEmployer, be granted access to the studio or other place where services are being performedhereunder. Each shall be permtted to visit during working hours that studio or other place whereservices are being performed hereunder for the proper conduct of the business of the Federationor of such Local, including grievance investigation and processing.

8. NON-DISCRIMINATION

The parties mutually reaffrm their policy of non-discrimination. The Employer reaffrms itspolicy that no employee shall be discriminated against in employment hereunder, because ofrace, color, creed, sex, national origin, or age provided the employee is qualified and has thephysical ability to perform the work required thereunder. The Federation reaffrms its policy of. non-discrimination with respect to admssion to membership and rights of membership. TheEmployer shall annually advise all leaders, contractors, and any of its supervisory personnelinvolved in the hiring of musicians of the contents of this Section.

9. EMPLOYER'S OBLIGATIONS

For services rendered under this Agreement, the Employer shall pay at least the minimum ratesof pay set forth herein and shall fully and faithfully perform and observe all other terms and

conditions set forth in this Agreement and in any individual agreements with the personsperformng such services. The Employer shall not require, request, induce, or in any mannerattempt to influence any Musician to play, perform, or render services in a manner contrary tothis Agreement.

10. FEDERATION'S OBLIGATIONS

The Federation shall exercise full authority in order to assure that its Locals and members donothing in derogation of the terms and intent of this Agreement.

11. UNAUTHORIZED PRODUCTION

1 he bmployer Shaii not recorò or aia or assist II int: rt:l,iùiüg ûf Eiüy üîüsic for üse ifi acommercial anouncement to be produced by any other person, firm or corporation unlessauthorized in wrting by the Federation. The Employer shall not require or permt any Musician

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OCTOBER 17, 2004 - QCTOBER 16,2007

in its employ to record a music sound track for any purpose which is not authorized herein or inanother written agreement with the Federation. No music sound track recorded under thisAgreement shall be used in any way which violates the terms of this Agreement.

12. RIGHT TO INFORMATION

Tlnnn rønnoC't ku t""ø ~ørlo..n.t;n."" th.c lJ.._l_u.c,. nt...l1 __,..._..l.u ~..__~..i. ~+ ....:..i. .. ~~__. ~.£ ~__.__Y""U "i'"'1u.,"~" VJ U.L'" .. ""U,".1U.UVU, U.1'- .L.1.1lJ.1VJ'".l i.uuu P.1V.1Jpuy iUl1U,:!J JL VYILU a '"Up:! ui auycommercial announcement owned, produced, distributed, used or the use of which has beenpermtted by the Employer. If the Employer's right to the use of a commercial announcementand/or music track has been purchased or otherwise acquired by the Employer, a copy of thecontract under which such right was acquired shall also be furnished to the Federation, providedthat the employer shall have the right to delete information of a proprietary nature from therelevant document(s).

13. RIGHT TO AUDIT

'The Federation shall have the right from time to time, upon reasonable notice, without limitation

to the duration of this Agreement and at all reasonable times during business hours, to have theFederation's duly authorized agent(s) examine and audit the records and accounts of any part to

this Agreement concerning all transactions which are or legitimately may be subject to paymentsunder this Agreement to ascertain which sums, if any, may be due and to verify the accuracy ofany statement made by any part pursuant hereto. All necessary facilities shall be made availableto such authorized agent(s) to enable them to make such examination and audit and to copy andmake extracts from said records.

14. INDUSTRY-FEDERATION COMMITTEE

The parties to this Agreement shall maintain a Joint Industr-Federation Commttee which shallreview problems which may arise under this Agreement and recommend solutions. TheCommttee shall also explore matters of common interest including global commercialannouncements.

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ARTICLE III: INDIVIDUAL CONTRACTS

1. CONFOP~1\11TY "'1TH LÅiaGPÆEi\1ENT

The Employer may enter into individual contracts with Musicians provided that such contractsare not in conflict with this Agreement. The provisions contained in this Agreement shall bedeemed to be included in and made part of all individual agreements between the Employer andindividual Musicians, whether or not they are set forth in such individual agreements.

2. PRESUMED CLAUSE

Except for contracts on offcial forms prescribed by the Federation deemed to be incorporated

which have been entered into in conformity with the provisions of this Agreement, the followingprovision shall be included in and-whether or not so included--shall. be deemed part of allcontracts calling for recording services (whether sound or visual) between the Employer andMusicians: "This contract shall not become effective unless and until it shall be approved by theInternational Executive Board of the American Federation of Musicians of the United States andCanada or by a duly authorized agent thereof."

3. INDIVIDUALLY CREATED CONTENT

No rate of compensation established in this Agreement relates or is intended to relate to servicesrendered by an individual instrumentalist performng alone who creates or composes the musicalcontent of his performance. Compensation in excess of the rates provided herein shall be paid tosuch an instrmentalist in accordance with individual agreement between the Employer and suchinstrmentalist. To the extent practicable, such individual agreement shall be negotiated prior to

the time of performance.

4. TERMINATION OF AGREEMENT

Any individual contract in existence at the termnation of this Agreement (whether such

termnation is caused by expiration, breach, or otherwise), made and entered into by theEmployer for the employment of and rendition of services by Musicians, shall not impose anyobligation on the part of members of the Federation to render further musical services for theEmployer on work covered by this Agreement unless this Agreement is renewed or a new oneentered into permtting the same. In the event this Agreement is not renewed or a new one is notentered into prior to or immediately upon the expiration of this Agreement, such members may,at their option, render services to any others without obligation or liability to the Employer.

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TELEVISION AND RAmo COMMERCIAL ANNOUNCEMENTS AGREEMENT


ARTICLE IV: TRANSFER OF RIGHTS

1. FEDERi\T!ON ApPROVAL

Without the prior written permssion of the Federation*, the Employer shall not use or grant anyrights to use-whether by way of sale, assignent, mortgage, lease, gift, license or other transferof title or permssion to use, and whether by operation of law or otherwise (herein called

"transfer")-in whole or in part, any commercial announcement, film, videotape or recording,

which, in whole or in part, embodies pictures of Musicians rendering musical performances orwhich embodies or is accompanied by performances by Musicians recorded and/or photographedunder this Agreement, for purposes other than those permtted under this Agreement.

*The Federation has advised that it shall grant permssion provided that:

(a) the Employer has required a buyer, licensee, or other authorized transferee("Licensee") to become responsible for session payments and benefits (includingpension contrbutions, but excluding health and welfare contributions), and anyapplicable use/re-use payments that would be required under the then effectiveapplicable Federation agreement, and the Employer has provided the Federation withevidence of, or an extract of, the provision in the license agreement by which theLicensee has agreed to make those payments; or

(b) the Employer has agreed in writing to make the session and benefit payments

(including pension contributions, but excluding health and welfare contrbutions) tothose musicians who rendered services in the production of the commercialannouncement that would be required under the then effective applicable Federationagreement.

2. ASSUMPTION AGREEMENT

Any transfer of a commercial announcement, fim, videotape or recording produced under thisAgreement, or any rights therein, shall be subject to the rights and duties of the Employerestablished by this Agreement. No such transfer shall be effective unless and until (1) theFederation shall have received and approved an assumption agreement substantially in the formand substance set forth in Exhbit A hereof (which approval the Federation shall not

uneasonably delay or unreasonably withhold) duly executed by the person, firm, or corporationreceiving such transfer ("transferee"), or (2) the transferee, in addition to executing anddelivering to the Federation such assumption agreement, shall have posted a surety companybond with the Federation guaranteeing to the Federation and the persons covered by thsAgreement the performance by such transferee of its obligations pursuant to such assumptionagreement. A transfer which shall become effective in accordance with the foregoing shallrelieve the transferor of obligations under this agreement relating to the commercial

announcement so transferred:

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3. SURVIVAL CLAUSE

The substance and intent of this Aricle, together with all provisions of this Agreement regarding(l) reporting of and (2) establishing wage rates and conditions for use and re-use, shall beincorporated in all agreements pursuant to which the Employer shall grant any rights to use suchcommercial announcements, fims, videotapes, or recordings as aforesaid. The obligationscreated by this Aricle together with all provisions of this Agreement regarding reporting of andthe establishment of wage rates and conditions for use and re-use shall survive this Agreementfor so long as the commercial announcements, fims, videotapes, or recordings, referred to in thisAgreement shall be used.

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ARTICLE V: GRIEVANCE AND ARBITRATION

1. SCOPE OF GRIEVANCES

Any disputes or controversies of any kind between any Musician(s) or the Federation and anEmployer arising out of or in connection with this Agreement (including, but not limited to,disputes concerning the meaning, interpretation, application or enforcement of the provisions setforth in this Agreement) shall be resolved exclusively through the procedure set forth in thisAricle.

2. STEP I-INITIATION OF GRIEVANCES

Within 60 calendar days after the occurrence of the event that gave rise to the grievance or afterthe date that the aggrieved part reasonably could have learned of that event, whichever is later, a

grievance must be submitted in writing to the Employer by the Federation on its own or on behalfof the individual Musician(s) or to the Federation by the Employer. The grevance shall besubmitted on a form as set forth in Exhibit C. Failure to follow the time lintits specified aboveshall be grounds for rejecting the grievance.

3. STEP 2-REsOLUTION MEETING

Within 15 calendar days from receipt of the grievance, a representative designated by theFederation and a representative designated by the Employer shall meet to discuss the matter andattempt to resolve the dispute informally.

4. STEP 3-WRITTEN ANSWER

If the parties are unable to resolve the dispute at that meeting, the part against whom thegrievance is fied shall submit a wrtten answer to the grievance within 15 calendar days after the

resolution meeting.

5. STEP 4-DEMAND FOR ARITRATION

If either part to this Agreement is not satisfied with the answer or if no answer is submitted

within the time limit specified, the dissatisfied part may elect to submit the dispute to arbitrationby notifying both the American Arbitration Association ("AA") and the other part in wrting

within 30 calendar days after the date the answer was due. The wrtten demand for arbitrationshall include a copy of the grevance that was fied and the answer, if any.

6. SELECTION OF ARBITRATOR

At the time arbitration is invoked, the part invoking arbitration shall request that the AAfurnish the parties to the dispute a panel of nine arbitrators who are members of the AA.Arbitration shall be conducted in either New York City, Chicago, or Los Angeles, or such othercity which the parties agree to, with due consideration to factors such as where the grevancearose, where the parties are located, where the relevant records are located, or other factorspeculiar to the case. The panel of arbitrators furnished by the AA shall be generally from thearea where the arbitration is to take place. Within seven working days from the receipt of theAA panel, the parties shall select a single arbitrator from the panel utilizing, if necessar, analternate striking process until a single arbitrator remains who shall then become the selected

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arbitrator. If no arbitrator on the original panel is acceptable to either part, the parties mayrequest a second panel of arbitrators from the AAA and go through the same process within thesame time limits set out above. No future panels may be requested by the parties after the secondpaneL.

ï. HEARiNG AND A WARD

When the arbitrator has been selected, the parties shall immediately confer with him/er todetermne the earliest practicable date for a hearing. Fees and expenses of the arbitrator and theproceeding itself (e.g., court reporter) shall be borne equally by the parties. The arbitrator'saward shall be rendered within 30 calendar days of the close of the hearing or 30 calendar daysafter submission of post-hearing briefs, where applicable. The award of the arbitrator shallconstitute a final and binding resolution of the dispute with respect to all parties-the individualMusician(s), the Federation and its Locals, and the Employer. The arbitrator shall have the powerand authority to issue an 'award that he/she may 'deem appropriate, but shall not have the poweror authority to amend, add to or subtract from, or alter in any manner the provisions of thisAgreement.

8. EXTENSION

Any of the time limits set forth above may be extended by mutual agreement in writing.

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ARTICLE VI: REPORTING

1. OBLIGATION TO REpORT

The Employer shall fie the Reporting Form set forth in Exhibit B-or such other form used byEmployer containing the same information-to report all session, re-uSe, conversion (called"new use" in prior Agreements) or dubbing information required under this Agreement. TheReporting Form shall accompany each payment required under this Agreement, with three copiessent to the applicable AFM Local, one copy sent to the AFM-EP Fund, and one copy retained bythe Employer. No additions to the printed Reporting Form as set forth in Exhibit B are permttedwithout the prior approval of the Federation and Industr.

2. SINGLE PAYMENT FOR MULTIPLE SERVICES

Employers may, at their discretion, combine multiple payments tu individuals for servicesrendered within the jurisdiction of a single AFM Local, provided that the single payment isaccompanied by all necessary back-up documentation to the Local, to the Local Health &

Welfare Fund when applicable, to the AFM-EP Fund, and to the Musieians speeifying each itemincluded in the payment.

3. COMPLETION OF REpORTING FORMS; REpORTING VIOLATIONS

It is the responsibility of the Leader or Contractor to make sure that the Reporting Form iscompleted so that all appropriate information is provided including the identification of theinstrment played or the musical service rendered by each Musician listed.

The following practices shall be considered to be violations of this Agreement:

(a) To place any person on the Reporting Form unless such person actually performs a

musical service (including arranging, orchestrating, and copying) covered by thisAgreement and that Reporting Form.

(b) For the Leader or Contractor to intentionally misrepresent or repeatedly fail to provide

any information required on the Reporting Form.

Prnting 07/07/06 12


OCTOBER 17, 2004 - OCTOBER 16,2007

ARTICLE VII: SESSIONS

(See Article XV for Arrangers, Orchestrators,Copyists and Article XVI for Sideline Musicians)

Instrumentalists, Leaders and Contractors shall be paid not less than the rates set forth below andthe conditions set forth shall apply.

1. MINIMUM CALL SESSION

There shall be a minimum call session of one hour during which no more than three music tracksmay be recorded, the total length of which may not exceed three minutes in the aggregate, exceptas provided in Aricles IX and X. Musicians may be called on a staggered basis for the samesession.

2. GUARANTEED LENGTH OF CALL

Each call must be for a specified and guaranteed period of time, which may be extended althoughno Musician shall be obligated to more than 40 additional minutes without his/her consent.

3. OVERTIME

A. Continuous Overtime

Overtime continuously following a session, during which one additional one-minute musictrack may be recorded for each 20 minutes of such overtime (except as provided in AriclesIX and X), shall be paid for in 20-minute increments. The overtime rate to be paid shall bebased on the total number of Musicians who incur overtime. For one Musician the rate shallbe one-third of the single Musician session fee rate for each 20-minute overtime increment.For two or more Musicians, the rate shall be one-third of the "2 or more" session fee rate foreach 20-minute overtime increment.

B. Non.;Continuous Overtime

Any work which is not continuous shall be paid for as additional sessions.

4. SINGLE ADVERTISER

Only commercial anouncements advertising the products of a single advertiser may be madeduring anyone session and the overtime related thereto.

5. MEAL PERIOD

With respect to any Musician for whom a session call is more than six hours-or for whom the~picc'¡nn pvtpnAc hP'unnrl e;v nnnrc !lC ~ rpcnlt nT n't,prl;nip_!l n1P!l 1 npr;nrl nf nnt lPC'C th!ln nnp_hi: If"~--_._.. _..._.._- --J _..- _... ----- -- - ._-_.. _. _. _......- - ...__. r-"-- _. .._. ._-~ ..._.. _..- .._..hour nor more than one hour shall be provided not later than six hours after the Musician reportsfor work. Such meal period shall not be considered work time.

Printing 07/07/06 13

TELEVISION AND RAmo COMMERCIAL ANNOUNCEMENTS AGREEMENT


6. REST PERIODS

There shall be a rest period of not less than five minutes duration during the first hour of work.In each subsequent hour of work, there shall be a rest period of not less than ten minutesduration. Any breach of the foregoing shall require an additional payment equivalent to a 20-..~rilotø J"'1Ørt~..O ~ri"'Y"ørnøntJ.J..LJ..lU'""" V """.I \.J.J..1J.,, J..I.l'-.I\oJ.J.....J.J.\..

7. CONTRACTOR REQUIRED

If ten or more Side Musicians and Leader are employed for any session, a Contractor shall beemployed with respect to said session. Such Contractor must be present during the entirerecording session. The Contractor may be on:e of the Side Musicians. No person shall beemployed as a Contractor (or continue in employment as a Contractor) who is disapproved by theFederation according to lists published by the Federation in the "International Musician" or tospecific notice to the Employer provided that such disapproval shall not be predicated upon non-membership in the Federation under circumstances in which such membership may not berequired lawfully.

8. LEADERS AND CONTRACTORS PAID DOUBLE

The base scale for Leaders and for Contractors shall be double the base scale of pay applicable tothe Side Musicians employed in the session, but in any event, the base scale for any personperformng both as Contractor and as Leader or Side Musician shall not exceed double SideMusician's base scale.

When a Leader or Contractor also performs as a Side Musician, the scale payment for the Leaderor the Contractor includes the performance of a single instrmental part. The scale payment forany additional instrental part(s) as provided in Aricle VII (12) shall be the Side Musician's

scale rate for each such part.

9. SINGLE MUSICIAN

If only one person actually performs, whether or not more than one person has been engaged forthe session, such sole performer shall be paid double the Side Musician's base scale.

10. SAME MUSICIAN

The same Musician may not be reported on more than one line for the same instrment at anysession, unless such Musician performs multiple instrmental pars as provided in Aricle VII

(12). This provision shall not affect the right of any Musician to receive residual payments basedon overscale.

11. DOUBLING

When on~ or more doubles are played by any Instnentalist in anyone session and the overtime

related thereto, for the first double, the Instrmentalist who doubles shall be paid not less than ~additional 30% of the base scale otherwise applicable for the session and the overtime relatedthereto, plus an additional 15% of such base scale for each double beyond the first. When aLeader or Contractor doubles, the additional fee due shall be computed at the Side Musician'sbase scale and not on the Leader or Contractor's base scale even when the Leader is the onlyMusician employed to render services.



OCTOBER 17, 2004 - OCTOBER 16~ 2007

A. Not Construed as Doubling

Instruments within the following respective groups shall not be construed as doubling:

(i) Drummer's standard outfit consisting of bass drum, snare drum, cymbals, gongs, piatti,

11,._ . _ . _1 "'____ .._____ __.1____ ____.. __ .__... _.£_ _¿.__..~_.. ~~~.¿.c¿.:;IIlali LIap:; auu LUlU LUlU:; WLLC;LL u::C;u a:: jJalL VI C1 ::LC1UUC1IU VUL11L

(ii) Timpani

(iii) Mallet instruments: Xylophone, bells and marimbas

(iv) Latin rhythm instruments: Any Latin instruments when used in less than eight bars inconnection with any other instrument or used not in a rhythm pattern

B. Electronic Device Doubling

If, in addition to the normal sound of an instrument, an electronic device (i.e., multiplex,divider, maestro, multiplier of octaves) is used to simulate other instrumental sounds, suchuse shall be construed as a double.

C. Instruments Requested But Not Played

A $12.00 fee wil be paid each Musician directed by the Employer or his representative tobring to an engagement an additional instrument, which would require a doubling fee ifplayed, if such instrument is not actually played at the engagement.

12. MULTIPLE PARTS

If a Musician performs multiple instrumental parts (other than doubles), he/she shall be paid thetotal of all payments which would otherwise have been payable had separate Musicians beenused for those parts.

This provision shall also apply whenever the same music is played and recorded more than onceand the tracks are combined in a manner which results in a final music track which sounds as if ithad been recorded by a larger group of Musicians than actually rendered services.

Where a Musician is listed on more than one line on the Reporting Form because the Musicianperformed multiple pars, that fact should be identified on that Report.

Printing 07/07/0615



13. CARTAGE

Whenever the Employer requests a Musician to bring a heavy instrument or three or moreinstruments to an engagement, the Employer shall specify whether the Musician shall transportsuch heavy instrument -by public or private transportation; public transportation shall be used if itis the only practicable manner of transporiaiion. If a publit: t:arrit:r is ust:ù, tht: Ernployt:r shallpay cartage bills as submitted. If private transportation is used, the Employer shall pay Musiciancartage fees as follows:

Harp, keyboard, string bass, timpani,marimba, chimes and vibraphone........................................... $30.00

Tuba, all drums, all amplifiers, baritone sax,bass sax, cello, accordion, cordovox andcontra-bass clarinet. ............................................................. $12.00

Any bil submitted in an amount in excess of $30.00 and $12.00, respectively, shall be paidprovided that receipt is submitted for actual and rcasonable expenses incurred.

Whenever rental of a musical instrment is required by Employer, the Employer shall pay rentalbils as submitted.

14. PREMIUM RATES

All work performed: (i) between midnight and 8:00 a.m., (ii) on Sundays and (iii) on thefollowing holidays shall be paid for at two times Base Scale:

In the United States

New Year's DayPresidents' DayMemorial DayIndependence Day

In Canada

Labor Day ,Thankgiving DayChristmas Day

New Year's Day Dominion DayGood Friday Labour DayEaster Monday Thankgiving DayVictoria Day Christmas Day

With respect to United States holidays, the above holidays wil be observed on the Federallyrecommended date.

15. DISMISSAL

Musicians shall be dismissed after the recordings for which they have been employed have beenfinished, regardless of whether the time limit in which recordings can be made has expired.

Printing 07/07/0616



16. CANCELLATION

A session, once called, shall not be canceled or postponed without the consent of the Office ofthe President of the Federation.

17. PUBLIC SERVICE ANNOUNCEMENTS

A public service announcement is a commercial which is intended to serve the public interest andwhich is furnished to stations for broadcast in time donated by the stations.

The Employer shall give the Federation ten days written notice prior to the session that thesession shall be for public service announcement(s). Such notice shall contain suffcient

information for the Federation to confirm that such announcement(s) are public service

announcement(s) and, if known at the time, the name of the production house.

It shâll be the responsibility of the Contractor or, if there is no Contractor, of the Leader toinform all persons called to render services, at the time of the call, that the session wil be forpublic service announcement(s).

All such persons rendering services shall be paid the appropriate base scale for the session. Theacceptance of such employment shall be deemed to constitute a waiver of re-use payments for thelife of the public service announcement(s).

18. SESSION NOTIFICATION

Employer shall furnish the Leader or Contractor with the following information to the extent thatit is known by the Employer at the time of the recording session:

(i) Name of Advertiser

(ii) Product

(iii) Name of Advertising Agency and production house, if any

(iv) Number of commercial announcements

(v) Identification of commercial(s)

(vi) Applicable rate schedule: Standard (called National in prior Agreements), Regional or

Local for National Advertisers or Regional or Local for Regional/Local Advertisers

(vii) Use/broadcast medium: Television, radio, non-broadcast, videocassette, foreign, orother

(viii) Reporting Form number where known

(ix) Lengt of each music track (not commercial) recorded

(x) Notice if session is for public service announc.ement(s)

Prnting 07/07/0617


OCTOBER 17,2004 - OCTOBER 16, 2007

19. SESSION REpORTS To ACCOMPANY SESSION PAYMENTS

The following information shall be furnished with payments for sessions, not later than 15business days following the date of original services:


(ii) Product


(iv) Number of commercial announcements claimed

(v) Identification of commercial(s) (title and/or number)

(vi) Applicable rate schedule: Standard (called National in prior Agreements), Regional or

Local for National Advertisers or Regional or Local for Regional/Local Advertisers

(vii) Use/broadcast medium: Television, radio, non-broadcast, videocassette, foreign orother

(viii) Notice if session is for public service announcement(s)

(ix) Date of the recording session

(x) The Leader

(xi) The Reporting Form number

(xii) Name, Social Security number and AFM Local number of each Musician, Copyist,Orchestrator and Aranger who performed services for or at such session

(xiii) Such other information required to calculate and issue proper payment; all such

information is included in Exhibit B attached




ARTICLE VIII: STANDARD RECORDING RATES

(Called National Recording Rates in previous Agreements)

1. BASE SCALE-SESSION FEES

The Base Scale pay for each Side Musician employed on a session except for all Regional andLocal Commercial Announcements (Article ix and Aricle X) shall be as follows:

No. of Musicians Base Scale Per Musician

Leader, Contractor, Single Musician .................................. $220.00

Side Musician ..................................... .............................. .., $110.00

2. MAXIMUM NUMBER OF COMMERCIALS PER SESSION

A maximum of three commercial announcements may be claimed for any original one-hourminimum call session. One additional commercial announcement may be claimed for eachadditional 20 minutes or part thereof that has been paid as part of the original session.

In computing the maximum number of commercial announcements which may be claimed, theEmployer shall be limited to the number of commercial announcements which may be claimedfor the Side Musician with the lowest reported hours worked for such session (includingovertime, if any). For purposes of this computation, the services of Arranger, Orchestrator or

Copyist shall not be considered.

Notwithstanding the foregoing, with respect to any session where the music is produced entirelyby means of synthesizer(s), no more than eight commercial announcements may be claimed evenif the number of reported hours worked exceeds two hours and fort minutes.

Example A: For a session lasting two hours and fort minutes of consecutive time in theaggregate, hours worked are reported as follows:

Leader: ....................................................................................... 2:40

Side Musician A: ........................................................................ 2:40

Side Musician B: ........................................................................ 2:00

Side Musician-C: ........................................................................ 1:20

The maximum number of commercial announcements which may be claimed by the Employerfor the session would be four (three for the initial hour, plus one for an additional twentyü.iiiiütê8), bt;(;öuse the 1 :20 ïepûrted fûï Side l'v1üsiciâü C amounted tc the lov.,est repcrted h.oursfor any of the Musicians who performed at the session.

Example B: Four music tracks are recorded in a session lasting one hour and twenty minutes ofconsecutive time in the àggregate and hours worked are reported as follows:

Printing 07/07/0619



Leader:........................................................................................ 1:20

Side Musicians A, B & C: ............... ........................................... 1 :20 each

Side Musician D: ........................................................................ 1 :00

Even though four. tracks were actually recorded, the maximum number of commercialannouncements which may be claimed by the Employer for the session would be three becausethe i :00 reported for Side Musician D amounted to the lowest reported hours for any of theMusicians who performed at the session.

Payment for the initial use cycles of the first three commercial announcements incorporating anyone of the tracks is covered by the Initial Use payment. If anyone of the music tracks recordedat the session is incorporated into an additional commercial announcement or any subsequentcommercial announcement, payment of the applicable use fee or re-use fee for the initial cycleshall be due to the Leader, Side Musician(s), Sideline Musician(s) and music preparation

personnel who performed services on the tracks so used.




ARTICLE IX: REGIONAL COMMERCIAL ANNOUNCEMENTS

1. PRIOR NOTICE

Prior to accepting a call for a regional commercial announcement recording session, Musiciansshall be notified that the purpose of the session is to record music for a regional commercialannouncement and whether it is for a National Advertiser or Regional Advertiser. The region(s)shall be specified on the Reporting Form (Exhibit B).

2. UNLIMITED COpy AND VIDEO CHANGES

Unlimited copy and video changes within the basic framework of the original commercial shallbe permtted over the music track of the commercial during each 13-week cycle (or 52-week

cycle, V\rhichever has been paid for) without any additional compensation.

3. REGIONAL COMMERCIAL ANNOUNCEMENTS FOR NATIONAL ADVERTISERS

A. Definition

A regional commercial announcement is an advertisement for a product or service that isbroadcast within one of the following market areas:

B. Regions

(i) USA

Northeast

ConnecticutDelawareMaineMarylandMassachusetts

New HampshireNew JerseyNew York, excluding

MetropolitanNew York

PennsylvaniaRhode IslandVermontWashington DC

South

AlabamaArkansasFloridaGeorgiaLouisiana

MississippiNorth Carolina

OklahomaPuerto RicoSouth Carolina

TennesseeTexasVirginia

Midwest

ColoradoIlinois, excluding

MetropolitanChicago

IndianaIowaKansas

KentuckyMichiganMinnesotaMissouriMontanaNebraskaNort Dakota

OhioSouth DakotaWest VirginiaWisconsinWyoming




West

AlaskaArizonaCalifornia, excluding

HawaiiIdahoNevada

UtahWashington

.. .. _.. _ ~ _ ~ 1 ~ .. _ ._IVLC;U UPUUl(Ul

Los Angeles

"lT____ 'l Æ___':__L'LC;W IViC;!I!\.u

Oregon

Metropolitan Areas

Metropolitan New YorkMetropolitan Los AngelesMetropolitan Chicago

(ii) CANADA

Provinces

Maritimes and NewfoundlandProvince of Quebec excluding MontrealProvince of Ontario excluding TorontoPrairie ProvincesBritish Columbia

Metropolitan Areas

Metropolitan MontrealMetropolitan Toronto

C. Floating Region

In addition to the above market areas, and recognizing that a particular advertiser's marketarea may cross the geographical areas specified above, an advertiser may specify a special"floating" region which crosses the above geographical areas provided that such market area:

(i) Does not exceed six states and

(ii) Does not include more than one major city (New York, Chicago or Los Angeles).




D. Session Fee and First 13-Week Cycle

If the Musician accepts the call, the session fee for recording one commercial announcementin one hour shall be 200% of the applicable Standard session fee provided for in thisAgreement, and this fee shall include 13 weeks of unlimited use of the commercial in onemedium.



Side Musician..................................................................... $220.00

Orchestrator! Arranger/Copyist 200% of Actual Scale set forth in Music Preparation RateSchedule

E. 13-Week Re-Use

All subsequent 13-week use cycles of this commercial announcement shall be paid for at100% of the one-hour Standard session fee rate.


Side Musician......................................................................

$220.00

$110.00

$220.00

$110.00

Leader, Contractor, Single Musician

Orchestrator, Arranger ........................................................

Copyist .................................................................................

F. Conversion or Dubbings in Same Region

Conversion (called "new use" in prior Agreements) or dubbings also shall be paid for at100% of the one-hour session fee rate.

G. Session Fee and First 52-Week Cycle

A regional commercial announcement may be used for 52 weeks provided payment for suchuse is made at the time the session fee is paid and is calculated as follows:

(i) The 200% payment as provided in Subparagraph (D) above, plus

(ii) Two times the 100% payment as provided in Subparagraph (E) above.

In effect, the above payment would normally cover only three 13-week cycles, or 39 weeksof use. If paid "up front", however, such payment shall cover 52 weeks of use.



C';-i~ l\K.._;_;~_ ItAAA AAi.IU,, lViU.,l\,1all...................................................................... o.""iV.vv

Orchestrator/Aranger/Copyist 400% of Actual Scale set forth II Music Preparation

Rate Schedule.




H. 52-Week Re-Use

All subsequent 52-week re-use cycles of the commercial shall be paid for as follows:

(i) Four 13-week cycles at LOO% of the one-hour Standard session fee, less

(ii) 20% discount.

This formula results in a fee equal to 320% of the one-hour Standard session fee rate.


Leader, Contractor, Single Musician ........................... ....... $704.00

Side Musician...................................................................... $352.00

Orchestrator, Aranger ........................................................ $704.00

Copyist ................................................................................ $352.00

i. First Use in New Region

(i) For 13-week cycle: Same as Session Fee and first 13-week cycle

(Subparagraph (D) above).

(ii) For 52-week cycle: Same as Session Fee and first 52-week cycle

(Subparagraph (H) above).

(iii) Conversion & Dubbing: Same as Session Fee and first 13-week cycle(Subparagraph (F) above).

Only the first use cycle, whether 13-week, 52-week or Conversion & Dubbing, is paid atabove rates. All re-use is paid on the same basis as set forth in Subparagraphs (E), (F) and(H).

J. 8-Week-Radio Commercials Only

80% of the applicable rates stated above.

4. REGIONAL COMMERCIAL ANNOUNCEMENTS FOR REGIONAL ADVERTISERS

This provision is not available to national advertisers except as provided in 4(A)(iii) below.

A. Definition

The following advertisers qualify for Regional Use under this Aricle IX, 4(A):

(i) A regional advertiser which markets or sells its product(s) or service(s) in only

one region.

(ii) A regional advertiser which markets or sells a national product(s) or service(s) in only

one region. Example: a local car dealer or a regional car association.

(iii) A national advertiser which markets or sells a product(s) or service(s) in only one

region.

In all cases the region may be a floating region.




B. Regions

(i) USA

Nnrtheast

ConnecticutDelawareMaineMarylandMassachusetts

South

AlabamaArkansasFloridaGeorgiaLouisiana

Midwest

ColoradoIlinois, including

ChicagoIndianaIowaKansas

West

AlaskaArzonaCalifornia, including

Los Angeles

(ii) CANADA

New HampshireNew JerseyNew York, including

New York City

PennsylvaniaRhode IslandVermontWashington DC

MississippiNorth Carolina

OklahomaPuerto RicoSouth Carolina

TennesseeTexasVirginia

KentuckyMichiganMinnesotaMissouriMontanaNebraska

North DakotaOhioSouth DakotaWest VirginiaWisconsinWyoming

HawaiiIdahoNevadaNew Mexico

OregonUtahWashington

Provinces

Maritimes and NewfoundlandProvince of Quebec excluding MontrealProvince of Ontaro excluding TorontoPrairie ProvincesBritish Columbia

Metropolitan Areas

Metropolitan MontrealMetropolitan Toronto




C. Floating Region

In addition to the above market areas, and recognizing that a particular advertiser's marketarea may cross the geographical areas specified above, an advertiser may specify a special"floating" region which crosses the above geographical areas provided that such market area:

(i) Does not exceed eight states and

(ii) Does not include more than one major city (New York, Chicago or Los Angeles).

D. Use in One or More Regions

An advertiser may buy in only one region, which may be the floating region. An advertiserwho wishes to cover more than one region is deemed to be a national advertiser and suchadvertiser must use the Standard session and use rates.

E. Session Fees

Session fees shall bc thc samc as for national commerciuls except us follows:

(i) If a regional advertiser records three versions of the same musical arrangement (e.g., a

60,30, and 10 second vcrsion), it shall bc dccmcd that three spots have been recorded.However, applicable payment shall be for only one commerciaL.

(ii) If a regional advertiser records three versions of the same composition which are

different musical arrangements (for example: a rock version, a countr version, and aMOR version), it shall be deemed that three spots have been recorded.

The session fee covers 13 weeks of use.



Side Musician. ............ ........ ................ ........... ........ .............. $110.00

F. Use Fees

Beyond the initial 13-week use cycle, use rates shall be computed at 100% of the applicableone-hour Standard session fee rate, except that a 10% discount applies if one year's use isprepaid at the time the session fee is paid or at the time any use fee is paid. The Aranger orOrchestrator shall receive the base scale as the Leader and the Copyists shall receive the basescale as Side Musician.

For 13-Week Cycle:



Side Musician...................................................................... $110.00

Orchestrator, Aranger ...... ........... ........................ .............. $220.00

Copyist. ............ .......... ......................... ......... ........ ............... $110.00


': ...



G. Conversion or Dubbings

Conversion (called "new use" in prior Agreements) or dubbings shall also be paid for at100% of the applicable one-hour session fee. Such payment shall cover 13 weeks of use.

II. .8-\" ê€k-Râdiû Cûmmcr~i"l~ Only

80% of the applicable rates stated above.




ARTICLE X: LOCAL COMMERCIAL ANNOUNCEMENTS

1. PRIOR NOTICE

Prior to accepting a call for the local commercial announcement recording session, Musiciansshall be notified that the purpose of the session is to record music for local commercial

announcements and whether it is for a National Advertiser or a Local Advertiser. The localmarket shall be specified on the Reporting Form (Exhibit B).

2. UNLIMITED COpy AND VIDEO CHANGES

Unlimited copy and video changes within the basic framework of the original commercial shallbe permtted over the commercial announcements during each year cycle (or any longer cyclethat has been prepaid) without any additional compensation.

3. LOCAL COMMERCIAL ANNOUNCEMENTS FOR NATIONAL ADVERTISERS

A. Definition

A local commercial announcement is an advertisement for a product or service that isbroadcast in a single market of the markets listed on pages 31 and 32, but excludingcommercial announcements broadcast in the metropolitan areas of New York, Los Angeles,Chicago, Toronto or MontreaL. Production for such commercial announcements, however,may be performed in such cities.

B. Session Fee and First Year's Use

If the musician accepts the call, the session fee shall be the applicable session fee providedfor in this Agreement and it shall cover:

(i) Music recorded for two spots for one medium (TV or radio) in a one-hour session arid

not more than two minutes of product.

(ii) One year of unlimited use of the commercials in the market involved.



Side Musician...................................................................... $110.00




C. Subsequent One Year Cycles

All subsequent one-year cycles of these commercial announcements shall be paid at 100% ofthe applicable one-hour Standard session fee rate.


Leader, Contractor, Single Musician.................................. $220.00

Side Musician...................................................................... $110.00

Orchestrator, Aranger ........................................................ $220.00

Copyist ................................................................................ $110.00

D. Conversion or Dubbings

Conversion (called "new use" in prior Agreements) or dubbings shall also be paid at 100% ofthe applicable one-hour session fee rate.

E. Prepayment for Two and Three Year Cycles

If two years' use is prepaid at time of session, a discount of 10% on all fees shall be allowedand an additional discount of 5% shall be allowed if prepaid for three years.

Two Years:


Leader, Contractor, Single Musician ................................. $396.00

Side Musician..................................................................... $198.00

Three Years:



Side Musician...................................................................... $280.00

Printing 07/07/0629



4. LOCAL COMMERCIAL ANNOUNCEMENTS FOR LOCAL ADVERTISERS

A. Definition

The following advertisers shall qualify for Local Use under this Article X (4).

A local advertiser which markets or sells its product(s) or service(s) in a single market of themarkets listed on pages 31 and 32 (Note: The market list excludes the areas of New York,Chicago, Los Angeles, Toronto and Montreal, hereinafter referred to as the major cities.)Local commercial announcements may be produced in any city including the major cities.

B. Session and Use Fees

(i) The one-hour session fee shall include three commercials.

(ii) AFM Locals shall be permtted to establish the base scale of pay for the recording ofmusic tracks to be used in the production ofloçal commerc.ial announcements. Suchrates may not be less than $55.00 for a one-hour session or more than $110.00.

However, the recording of music tracks to be used in local commercialannouncements:

(1 )May not be recorded outside of the local jurisdiction of New York, Chicago or LosAngeles markets, for use in said cities (i.e., New York, Chicago, or Los Angeles) atless than the rates and conditions applicable to Standard commercial announcements(J\icle XI\).

(2)May be recorded within the jurisdiction of New York, Chicago or Los Angeles foruse in that city (i.e., one of the cities listed on pages 31 and 32) at the rates establishedby the AFM Local in such city in accordance with the provisions of this J\icle X.

(iii) Session fee covers 18 months of use in one medium.

(iv) The session fee covers the first period of use.

(v) Beyond the initial use period, the use fee shall be 100% of wages actually earned atthe session except that the Aranger or Orchestrator receives the base scale rate for theLeader and the Copyists receive the base scale rate for Side Musicians.




MARKT LIST FORLOCAL COMMERCIAL ANNOUNCEMENTS PROVISION

A i.~1.._.. C....TI......h..'n+....1"Uii\..dl\,-\J VV -""-L VV UL\,.1

Albany, GAAlbany-Schenectady- TroyAlbuquerqueAlexandria, LAAlexandria, MNAlpenaAmarilloAnchorageAnnistonArdmore-AdaAtlantaAugustaAustin, TXBakersfieldBaltimoreBangorBaton RougeBeaumont-Port ArhurBendBilingsBiloxi-Gulfport-PascaguolaBinghamtonBirmnghamBluefield-Beckley-OakHil,BoiseBostonBowling GreenBristo I-Kingsport -J ohnsonCityBuffaloBurlington-PlattsburghCasper-RivertonCedar Rapids-WaterlooCharleston, SCCharleston-HuntingtonCharlotteCharlottesvileChattanoogaCheyenne

rh~"'A Dør1rl~nn'-.l.l..V"- .l'l..'-...l.l.lb

CincinnatiClarksburg-WestonClevelandColorado Springs-

PuebloColumbia, SCColumbia-Jefferson CityColumbus, GAColumbus, OHColumbus-TupeloCorpus ChristiDallas-Ft. WorthDavenport-Rock Island-

Moline (Quad City)DaytonDenverDes MoinesDetroitDothanDubuqueDuluth-SuperiorEl Centro-YumaEl PasoElmiraErieEugeneEurekaEvansvileFargoFarmngtonFlagstaffFlint-Saginaw-Bay CityFlorence, SCFt. Myers-NaplesFt. Smith

Ft. WayneFresnoGainesvileGrand JunctionGrand Rapids-Kalamazoo-

Battle Creek

Great FallsGreen BayGreensboro-Winston

Salem- High PointGreenville-New Bem-

WashingtonGreen vi 11 e-S partanburg-

AshevilleGïeenwood-GïeenvilleHarrisburg- York-

Lancaster-LebanonHarrisonburgHartford-New HavenHelenaHoustonHuntsville-Decatur-

FlorenceIdaho Falls-PocatelloIndianapolisJackson, MSJackson, TNJacksonvilleJ ohnstown- AltoonaJonesboroJoplin-PittsburgKansas CityKnoxvileLa Crosse-Eau ClaireLafayette, INLafayette, LALake CharlesLansingLaredoLas VegasLaurel-HattiesburgLexingtonLimaLincoln-Hastings-KeameyLittle RockLouisvileLubbockMacon

Printing 07/07/06 3 i



MadisonMankatoMarquetteMcAllen -Brownsville

(f Or.U\\.Li".. l' JMedfordMemphisMeridianMiamiMiles City-Glendive

MilwaukeeMinneapolis-St. Paul

Minot-Bismarck-Dickinson

Missoula-ButteMobile-PensacolaMonroe-El Dorado

MontgomeryNashv'ieNew OrleansNorfolk-Portsmouth-

Newport News-Hampton

North PlatteOdessa~MidlandOklahoma CityOmahaOrlando-Daytona BeachOttmwa-KirksvilePaducah-Cape Girardeau-

HarrisburgPalm SpringsPanama CityParkersburgPeoria

PhiladelphiaPhoenixPittsburghPortland, ORPl"rthm(LPl"bnn ç;nrina.. ..............- .. ...---- -r----o

Presque IsleProvidence-New Bedford

Quincy-HannibalRaleigh-DurhamRapid CityRenoRichmondRoanoke- LynchburgRochester, NYRochester-Mason City-

AustinRockfordRoswellSacramento-StocktonSt. JosephSt. LouisSalinas-MontereySalisburySalt Lake CitySan AngeloSan AntonioSan DiegoSan FranciscoSanta Barbara-

Santa Maria-San Luis Obispo

SavannahSeattle-TacomaSelmaShreveport -Texarkana

Sioux City

Sioux Falls-MitchellSouth Bend-ElkhartSpokaneSnrin~fielrl_ MA-.1- r. "Springfield, MOSpringfield-Decatur-

ChampaignSyracuseTallahasseeTampa-St. PetersbergToledoTopekaTraverse City-CadilacTucsonTulsaTuscaloosaTwin FallsTylerUticaVictoriaWaco-TempleWashington, DCWatertown-CarthageWausau-RhinelanderWest Palm BeachWheeling-SteubenvileWichita-HutchinsonWichita Falls-LawtonWilkes Barre-ScrantonWilmingtonYakimaYoungstownZanesvile




ARTICLE XI: INTERNET COMMERCIAL ANNOUNCEMENTS

1. EXPERIMENTAL

The parties have agreed that it is in their mutual interest to establish a new Internet provision asdescribed below. In doing so, the parties recognize that the Internet as an advertising medium isstil in its early stage of development. Accordingly, this provision is entered into on anexperimental basis with the expectation and understanding that the parties wil continue to assesssuch Internet development during the term of this Agreement with a view toward making suchchanges as are mutually beneficial in the next round of collective bargaining. Upon the request ofeither part, the parties will hold a Joint Industr-Federation Commttee meeting during the termof this Agreement to discuss Internet-related issues.

2. MADE FOR INTERNET

The provisions of this Section 2 wil apply to commercial announcements made for initial use onthe Internet.

A. Base Scale-Session Fees

The Base Scale pay for each musician employed on a session shall be as follows:


Leader, Contractor, Single Musician... .,.................. .... $220.00

Side Musician.................................................... $110.00

B. Maximum Number of Commercials Per Session

The provisions of Aricle VII Section 2 (p. 19) wil apply with respect to the maximum numberof commercials per session under this Aricle XI.

C. Initial Use

Upon the first use of a commercial announcement claimed for an original Internet session, asingle, one-time payment at the applicable rate provided below (plus appropriate adjustment fordoubling if any) shall be made to each Musician whose services are reported for such session,regardless of the hours of employment at the session:


Leader, Contractor, Single Musician........................... $62.00

Side Musician... . . . . ..... . ..... ... .. . . ..... . ... .. . .. .. . . .... . . . .... $31.00

Orchestrator, Aranger............................................ $62.00

Copyist.............................................................. $31.00

Prnting 07/07/06 33.



Upon such payment, all of the commercial announcements claimed for the same session may beused during their respective initial use cycles commencing with their respective dates of first use,without additional payment.

The Initial Use cycle of a commercial announcement made under this Aricle XI, Section 2, shallbe a period of 26 weeks trom the date of the tirst use on the Internet.

D. Second 26 week Use

For the second 26-week period of use, or portion thereof, of a commercial announcement claimedfor an original Internet session during the 26-weeks immediately following the expiration of theinitial cycle, another payment (plus appropriate adjustment for doubling if any) shall be made asfollows:


Leader, Contractor, Single Musician........... .............. $165.00

Side Musician. . . . . . . . .... . . . . .. . . . . .. . . . . . .. . . .. . . .. . . .. . . . . . . . . ... $82.50

Orchestrator, Aranger.......................... .'............... $165.00

Copyist.............................................................. $82.50

E. Each Subsequent 52-Week Period of Use

For each subsequent 52-week period of use on the Internet, or portion thereof, of a commercialannouncement claimed for an original Internet session, another payment (plus appropriateadjustment for doubling) shall be made as follows:


Leader, Contractor, Single Musician........................... $165.00

Side Musician.. . . . . . . . .... . . . . .. . . ... . . .. ... . ... . . . .. . .. . . .. . . . .. ... $82.50

Orchestrator, Aranger........................................... $165.00

Copyist. . .... ...... . . .. .. . . .. .. . . . . .... . ... . .. . ..... . . . ... .., . .. , .. ... $82.50

3. USE OF MADE FOR INTERNET COMMERCIAL ON BROADCAST OR CABLEMEDIUM

Use of any made-for-Internet commercial announcement in a broadcast or cable medium shallrequire the making of additional payments at the scale rates set forth in this Agreement.

4. INTERNET USE OF COMMERCIAL ANNOUNCEMENTS MADE FOR INITIAL USEON TELEVISION OR RAIO

The provisions of this Section 4 wil apply to commercial announcements made for initial use ontelevision or radio that are used on the Internet.




A. 52-Week Use

Use on the Internet of a commercial made for initial use on television or radio shall require thefollowing payment for each 52-week period of use, or portion thereof.


Leader, Contractor, Single Musician.. ..... .................. $165.00

Side Musician...................................................... $82.50

Orchestrator, Arranger................... ............... .,. ..... $165.00

Copyist.............................................................. $82.50

5. DISPUTE RESOLUTION

If. a dispute arises as to whether material used on the Internet qualifies as a commercial asdefined in Aricle I Section 3 (Services Covered), either part may submit the dispute to a jointcommttee established by the Joint Policy Committee of the ANA-AAAA and the Federation. Ifthe joint committee fails to resolve the dispute within 30 days, either party may submit thedispute to arbitration.




ARTICLE XII: EDITING

1. LIMITATION ON USE

A sound track or recording made hereunder shall not be used or dealt with for any purposewhatsoever except to accompany or to be part of the single television or radio commercialannouncement for which such sound track or recording was originally prepared. Any other useshall require additional applicable payment.

2. FEDERA TION PERMISSION

Except as provided in this Aricle XII, Editing, in Aricle IX, Regional Commercial

Anouncements and in Article X, Local Commercial Anouncements, changes in the wordswhich accompany or are under or over the music of a sound track shall not thereafter be alterednor shall any words be added after the music is recorded without creating a new commercialannouncement.

Notwithstanding the foregoing, permssion is hereby granted to Employer during the term of thisAgreement to do the following:

A. Add Announcer Copy

To add announcers advertising copy over recorded music not later than ten weeks subsequentto the recording of the music, provided that no announcers copy may be added once therealready is announcers copy in the commercial announcement or after the first broadcast inany medium, and provided that Musicians are paid total compensation at least equivalent tothe total number of commercial announcements produced.

B. Add Lead In and Lead Out

To add announcers' advertising copy before or after a commercial announcement as lead inor lead out.

C. Overdubbing, Tracking and Sweetening

To add:

(i) Live performances to a recording made at the same session without notice and without

any additional payment to the Musicians employed for the session.

(ii) The vocal performances after completion of an original session, to the recordingsmade at the original session without any additional payment to the Musiciansemployed at the original session for their services thereat.

(iii) Additional instrental performances at a session subsequent to the completion of the

original session at which music was first recorded, to such recorded music without anyadditional payment to the Musicians employed at the original session for their servicesthereat.




D. Informational and Promotional Changes

(1) To make copy and/or video changes over the recorded music of a commercial,provided such changes are limited

to destinations, points and times of departres,

Îrequency oÍ st:rvicê, telephone nümbers, r:ites, pricing, availability, ciates, and dealeridentification. Such changes may be made without creating new or additionalcommercials, provided all versions are identical except for changes otherwisepermtted under this Aricle XII Editing.

(2) To make copy and/or video changes over the recorded music of a commercial toreflect modifications necessary for short promotional messages. Such changes shall belimited to special offers, sales or giveaways, sweepstakes or sales events, whetheroffered by the advertiser or the designated dealer. These changes may be made withoutcreating a new or additional commercial provided all versions are identical except forchanges otherwise allowable under this Aricle XI Editing, and provided that:

(a)The promotion may be referenced only once, although it may appear anywhere inthe commerciaL.

(b )The promotion must be in the nature of a "tag" as that term is commonly used in theindustr.

For every 13-week cycle of use of any commercial incorporating any changes referred to in (1)and/or (2) above, including the first use cycle, the Musicians shall receive 200% of theapplicable re-use fee set forth in Aricle XIV, Paragraph 5 at page 43 (e.g., $165.00 for a sidemusician who has not doubled and $330.00 for a leader/aiTanger/orchestrator/contractor). ThisSubparagraph (D) shall not apply to commercials for which regional or local rates are being paid.

3. MECHANICAL EDITING

Nothing contained in this Agreement is intended to permt the mechanical editing of any soundtrack or recording made hereunder for the purpose of making a shorter or longer version for usehereunder, unless the Musicians are paid therefor under this Agreement, except as specificallypermtted by the next section.

A. Shorter or Longer Music Tracks

Whenever a music track is mechanically shortened or lengthened to a different music tracklength, the Musicians whose services are utilized on the shortened or lengthened track shallbe paid a dubbing fee.

Printing 07/07/0637



B. No Bearing on Total Length of Commercial

This mechanical editing provision applies only with respect to lengthening and/or shorteningrecorded music track(s) and bears no relationship whatsoever to the length of the commercial;n u,h;l"h ""l;rl rr11";1" t,"ll"lr(" \ ;" ;ni"..rn..r"lt"rl ..r t.. th" """ ..f rrl1";1" tr"ll"lr" ;n th" l"no-h... .. ..._.. ~_.~ ..._~.- "--"\~/ .~ "'--'l"-'---~ _. .- ...- -~- _. ..._~.- ..__..~ ... ...- '-"b'"originally recorded.

EXAMPLE:

(i) In a two-hour session music tracks of the following lengths are recorded: 40 seconds,

30 seconds and 20 seconds. These music tracks may be used in a maximum of sixcommercials broadcast in the same medium. If two of said tracks are mechanicallyedited to 15 seconds and 1 0 seconds, two dubbing fee payments shall be made to theMusicians (one for the 15 second music track and one for the 1 O-second music track)

regardless of whether or not the Employer has utilized all six commercials whichhe/she is entitled to pursuant to the original session. These two dubbing paymentsshall entitle the Employer to use the new IS-second music track in one commercialbroadcast in the same medium and similarly the new 10-second length music track inone commercial broadcast in the same medium.

(ii) In a one-hour session music tracks of the following lengths are recorded: 60 secondsand 30 seconds. These music tracks may be used in a maximum of three commercialsbroadcast in the same medium. If, after three commercials have been broadcast, it isdecided to use the 30-second music track in two more commercials and the 60-second

music track in one more commercial, three dubbing fees shall be due the Musicians forthese additional three commercials broadcast in the same medium.

(iii) In a one-hour session a 20-second music track is recorded; this music track may be

used in a maximum of three commercial announcements broadcast in the samemedium.

C. Use Payments for a Mechanically Edited TV Commercial Broadcast Simultaneously

with Original Commercial

With respect to television commercials only:

If the video portion of a commercial is mechanically edited to make a single shorter or longercommercial, and either:

(i) the music track of both versions is identical, or

(ii) the music track has been re-recorded solely for purposes of timing and synchronization

or has been mechanically lengtheried or shortened to fit a longer or shorter version,

Then, with respect to the second and all subsequent 13-week cycles, both the commercial andits version shall be considered a single commercial for the purpose of making use payments.




EXAMPLE:

(a) A 30-second TV commercial contains a 12-second music track;

. The video portion is mechanically edited to make a i S-second commercial; and

. The identical 12-second music track is included in the IS-second version.

In this example, the 30-second commercial and IS-second version may be considered a singlecommercial commencing with the second 13-week use cycle because the music track of bothversions is identicaL.

(b) A 30-second TV commercial contains a 20-second music track;

~ The video portion is mechanically edited to make a IS-second eOIT.utTercial; and,

. The 20-second music track is mechanically shortened (not recorded "live") to 10seconds to fit the IS-second version or the 20-second music track is re-recorded to10 seconds to fit the IS-second version.

In this example, the 30-second commercial and IS-second version may be considered a singlecommercial commencing with the second 13-week use cycle because the music track wasmechanically shortened to fit the shorter version or the music track was re-recorded solelyfor purposes of timing and synchronization to fit the shorter version.

Note, however, that payment of a Dubbing Fee shall be required when a mechanically editedmusic track is incorporated into a version under this Section. (See Article XII, Paragraph

3(A) of the Agreement.)

4. CHANGES REQUIRED By LAW, BROADCAST STANDARDS ANDLANGUAGE TRANSLATIONS

The following alterations may be made in a commercial announcement without changing it into anew or additional commercial announcement for the purpose of this Agreement:

(a) The on and/or off-camera message of a commercial announcement made for adesignated advertiser and/or product shots contained therein may be varied (but onlyto the extent necessary) for compliance with legal requirements, broadcast standardsand practices, and any other regulations which affect the acceptability of thecommercial for broadcast. The Employer must advise the Offce of the President ofthe Federation of each change made and the reasons therefor. This notice must besent, whenever possible; before first air date, but in no event later than 10 businessdays after first air date.

(b) The off-camera message of a commercial announcement or any words shown in acommercial announcement made for a designated advertiser may be recorded ortranslated in the United States or in Canada in any language.




ARTICLE XIII: DUBBING AND CONVERSION FEES

1. DEFINITION

"Dubbing" shall be defined as the transfer of a music track into a commercial used in the samebroadcast medium.

"Conversion" (called "new use" in prior Agreements) shall be defined as the transfer of a musictrack into a commercial used in a different broadcast medium.

2. . CONDITIONS FOR PAYMENT

Each time a musical sound track which was originally recorded for one or more commercials is:

(a) Incorporated into additional commcrcials uscd in thc samc mcdium, and which

commercials exceed the maximum number of commercials claimed on the ReportingForm (Exhibit B) fied for the session, or

(b) Included on the Reporting Form (Exhibit B) filed for the session but the announcercopy is not added until more than 10 weeks after the recording session, or

(c) Incorporated into commercials produced for a different medium

A fee in the amount set forth in Aricle XIV, paragraph 5, shall be paid to the Leader, Contractor,Instrentalists, Arangers, Orchestrators, Copyists, and Sideline Musicians.

This fee shall give the Employer the same rights it obtains by payment for an original sessionexcept the right to make more than one commerciaL.

3. INFORMATION TO ACCOMPANY CONVERSION AND DUBBING PAYMENTS

The following info,rmation shall be furnished with payments for conversion and dubbings, notlater than 15 business days following the commencement of the applicable use cycle: .

Name of Advertiser

Product

Name of Advertising Agency and production house, if any

Identification of commercial(s) (title and/or number), -.Applicablè rate schedule: Standard, Regional or Local for National Advertisers orRegional or Local for Regional/Local Advertisers

Use/broadcast medium: Television, radio, non-broadcast, videocassette, foreign, orother

(vii) Date of the recording session

(viii) The Leader

(i)

(ii)

(iii)

(iv)

(v)

(vi)




(ix) Reporting Form number

(x) Cycle dates being paid

(xi) First air date of new commercial

(xii) Ìî paym~nl is ÍUI u~t ûf it cûülliieïcial in a diffcïcnt broadcast medium, the nev.,'broadcast medium for which payment is being made

(xiii) Name, Social Security number and AFM Loèal number of each Musician, Copyist,Orchestrator and Aranger who performed services for or at such session

(xiv) Identify Dubbing fees paid for shorter/longer versions per Aricle XII

(xv) Such other information required to calculate and issue proper payment; all suchinformation is included in Exhibit B, attached

Prnting 07/07/06 41



ARTICLE xiV: USE/R-USE

(Applicable to all Commercials except Regional,Local and Internet Commercial Announcements-Articles IX, X and XI)

1. INITIAL USE

Upon the first use of a commercial announcement claimed for an original session occurring on orafter May 1, 1991, a single, one-time payment at the applicable rate provided below (plus

appropriate adjustment for doubling if any) shall be made to each Musician whose services arereported for such session, regardless of the hours of employment at the session:

Leader, Contractor, Single Musician .................................... $62.00

Side Musician, Sideline Musician......................................... $31.00

Orchestrator, Aranger .......................................................... $62.00

Copyist.............................................................. ...$31.00

Upon such payment, all of the commercial announcements claimed for the' same session may beused during their respective initial use cycles commencing with their respective dates of first use,without additional payment.

The Initial Use cycle of a commercial announcement shall be a period of 13 weeks ("initialcycle") from the date of first broadcast either by television stations or by radio stations.

2. 13-WEEK RE-USE CYCLES

The first additional broadcast after the expiration of the initial cycle and in the same broadcastmedium shall start a new 13-week cycle. The first broadcast in such broadcast medium followingthe second 13-week cycle shall start a new 13-week cycle, etc. The end of one 13-week cycleand the commencement of the next such cycle need not be contiguous.

3. 8-WEEK USE AND RE-USE CYCLES-RADIO COMMERCIALS ONLY

Use cycles for radio commercials may be 8 weeks or 13 weeks, whichever the Employer elects.In those cases where the Employer elects to pay for an 8-week cycle,

. the Use fee

. the Re-Use fee

. the Dubbing fee

. the Conversion fee

shall be 80% of the 13-week Use fee, 80% of the Re-Use fee, 80% of the Dubbing fee or 80% ofthe Conversion fee, whichever applies.

Notwithstanding the foregoing, with respect to a music track for a television commercial

produced under a prior AFM Television and Radio Commercial Anouncement Agreement, ifsuch track is dubbed into a radio commercial. produced on or after May 1, 1987, the Conversionfee shall be 100% for the first such use cycle and the Re-Use fee shall be 80% for subsequent 8-week Re-Use cycles.




The session fee shall not be affected by this provision.

4. SHORT TERM USE

Upon payment of a dubbing fee, up to three different commercials made for the same advertisermay be broadcast in a single medium during a period of 13 weeks from the date of first broadcastof the first commercial, provided that the three commercials are used for a period not to exceedten weeks in the aggregate during the 13-week cycle.

EXAMPLE

A single Dubbing Fee is paid for TV use of Commercials A, Band C, all produced with thesame Musicians and for the same advertiser. They are used during a 13-week cycle whichstarts 4/1 and ends 6/30 in the following manner:

Commercial A ..................... I week............................................ 4/1 - 4/7

Commercial B......................3 weeks .......................................... 4/15 - 5/6

Commercial C...................... 3 weeks .......................................... 6/1 - 6/22 .

Aggregate Use: ....................7 weeks

In this example all use of the three commercials is covered by payment of a single DubbingFee because the aggregate use is less than i 0 weeks during the 13-week cycle.

5. USE/RE-USE RATES

The 13-week and 8-week cycle payments for each commercial announcement made under thisAgreement or music track converted for use in a different medium as described in Article XIV,Paragraph 6 below shall be made to each person covered by this Agreement as provided in the13-Week and 8-Week Use/Re-Use Rate Schedules set forth on page 45.

It is specifically intended that a commercial announcement which has not been changed, visuallyor orally, in any manner whatsoever may only be claimed as one commercial announcement.

If only one commercial announcement is produced using the music track(s) recorded at thesession and such commercial announcement is not changed, visually or orally in any manner,each cycle beyond the first must be paid for at the applicable re-use fees. It is not permitted toproduce one commercial only and declare two or three unless the second and third are differentcommercials either visually or orally.




13- WEEK USEIR-USE SCHEDULE:

10/17/01 -10/16104

1. Leader/ Aranger/Orchestrator/Contractor* ........................ $165.00

2. Person who performs services both as Leader

and Arranger, or Leader and Orchestrator.......................... $330.00

3. Person who performs services both as Aranger

and Orchestrator ................................................................. $165.00

5.

Orchestra Manager who performs servicesboth as Orchestra Manager and Sideline Musician............

Side Musician who has not doubled, SidelineMusician who has not doubled,Orchestra Manager**, or Copyist ......................................

Side Musician or Sideline Musician whodoubles one or more times*** ............................................

$165.004.

$82.50

6.

.........................................................................................

$107.25 (1 st double) .

$119.63 (2nd)

$132.00 (3rd)

$114.38 (4th)

.........................................................................................

.........................................................................................

7. Leader, Contractor, Side Musician orSideline Musician performng alone,who has doub1ed*** ...........................................................

.........................................................................................

$189.75 (1stdouble)

$202.13 (2nd)

$214.50 (3rd)

$226.88 (4th)

.........................................................................................

.........................................................................................

* Contractor-Necessary when ten or more Side Musicians are emp10yed-re-use paymentis $165.00.

** Orchestra Manager-Necessary when ten or more Sideline Musicians are emp10yed-re-'use payment is $82.50

*** Doubles payable only for those commercial announcements in which Musicians actuallydouble.




8-WEEK USE/RE-USE SCHEDULE (Radio Only)-10/17/04 - 10/16/07

1. Leader/ Aranger/Orchestrator/Contractor* ........................ $132.00

2. Person who performs services

both as Leader and Aranger,or Leader and Orchestrator................................................ $264.00

3. Person who performs services both as

Aranger and Orchestrator................................................. $132.00

4. Side Musician who has not doubled,

Sideline Musician who has not doubled,or Copyist ........................................................................... $66.00

5. Side Musician or Sideline Musician whodoubles one or more times** ..............................................

.........................................................................................

$85.80 (lst double)

$95.70 (2nd)

$105.60 (3rd)

$115.50 (4th)

..........................................................................................

.........................................................................................

6. Leader, Contractor, Side Musicianor Sideline Musician performng alone,who has doubled** .............................................................

.........................................................................................

$151.80 (1st double)

$161.70 (2nd)

$171.60 (3rd)

$181.50 (4th)

.........................................................................................

.........................................................................................

* Contractor-Necessary when ten or more Side Musicians are employed-re-usepayment is $132.00.

** Doubles payable only for those commercial announcements in which

Musicians actually double.

6. USE IN ADDITIONAL BROADCAST OR INTERNT MEDIUM

Use of any commercial anouncement in a broadcast or Internet medium other than the samebroadcast or Internet medium which is first used durng the initial cycle of broadcast shall require

the making of additional payments at the scale rates set forth in this Agreement.




7. FOREIGN USE

A. The Initial Use provision of this Agreement shall not apply to the use of a commercialoutside the United States, its territories and possessions, Canada and Mexico (Foreign Use).Such use shall require the making of the following payments per commercial announcement,for a 12-monih periuù UiUS\;, whidi 12-üiûlith peiÌud shall Cûiiuucnce with the first foreignuse:

12 Months' UseLeader,

Contractor,Arranger,

Orchestrator

Side Musician,Sideline Musician,

Copyist

(i) For use in Europe

including the U.K. .................................... $137.50.......................

(ii) PoruseoutsidcEuropc............................. $137.50.......................

(iii) For Worldwide use paidat start of cycle ......................................... $220.00....................... $110.00

$68.75

$68.75

If the worldwide use rate under Subparagraph (iii) above is not paid at the start of the cycle,then worldwide use may be obtained only by payment of the two separate rates providedunder (i) and (ii) above.

F or an additional payment of 50% over the rates listed above, Employer may use acommercial for a period of 24 months. Such additional payment must be made at the start ofthe cycle.

24 Months' UseLeader,

Contractor,Arranger,

Orchestrator

Side Musician,Sideline Musician,

Copyist

(i) For use in Europe

including the U. K. ................................... $206.24....................... $103.13

(ii) For use outside Europe............................. $206.24....................... $103.13

(iii) For Worldwide use paid atstartofcycle....................,........................ $330.00....................... $165.00

If the worldwide use rate is not paid at the start of the cycle, then worldwide use may beobtained only by payment of the two separate rates provided under (i) and (ii) above.

B. Notwithstanding Subparagraph (A) above, use of a commercial announcement in Mexicoshall be considered foreign use whenever such commercial is only being used outside of theUnited States, its territories and possessions and Canada or wherever the commercial hasbeen produced for foreign use only.




8. CABLE USE

A. Use on any kind of cable (including WTBS for example) of commercials which use musictracks produced under this Agreement shall be deemed the same as television use. (Forpurposes of this paragraph, use on so-called "super stations" shall be considered televisionuse.)

B. Music tracks produced under this Agreement, which are included in commercials producedsolely for and solely used on local cable, shall be subject to special negotiation with theFederation if Employer so requests. This negotiation will be done on a case-by-case basis. Ifthe Employer does not request a special negotiation with the Federation, Paragraph 8 (A)above shall apply. If the Employer requests a special negotiation but an agreement is notreached, the matter shall be referred to the Joint Industry-Federation Committee.

9. NON-BROADCAST USE

A. For use of comrercials in any and all non-broadcast media (e.g. theaters, trade shows opento the public, closed circuit TV, in-store point of sale, phone hold, in-stadium, give-aways),excluding the Internet, videocassettes and other devices for the home video market, allMusicians shall be paid an amount equal to the conversion fee provided for in AricleXIV(5), for each 52-week period of non-broadcast use. For an up-front payment of 150% ofthe conversion fee, the Employer may obtain two consecutive 52-week periods of non-broadcast use.

B. Experimental Videocassette Provision

For use of commercials in videocassettes and other devices (e.g., DVD, CD-ROM) for thehome video market, all Musicians shall be paid as follows:

(i) Theatrical Motion Pictures Releases

(1) Where the initial release isless than 1,000,000 copies: an amount equal to two dub fees

(2) Where the initial release is1,000,000 or more copies: an amount equal to four dub fees

(ii) All Other Releases

An amount equal to two dub fees

10. NOTICE OF FIRST AIR DATE

The Employer shall notify the Federation in writing (with a copy to the applicable Local) within30 calendar days of the first air date of each commercial announcement covered by this

Agreement. The notice shall include the following information:


(ii) Product

(iii) Name of Advertising Agency

(iv) AFM Reporting Form Number




(v) Date of Recording Session

(vi) Identification of commercial (ISCI Code, AD-ID, or Agency Identification Number,

whichever is applicable-if any)

(vii) Identification of track used (from session reporting form)

(viii) First Air Date

(ix) The Leader

11. USE OF CLAIMED COMMERCIAL ANNOUNCEMENTS

Each commercial announcement claimed by an Employer for any session must be identified andaired within 18 months of the date of the original session. If first use of any claimed commercialdoes not occur within such l8-month period, the Initial Use payment shall not cover the initialuse cycle for such commercial, and the appropriate use payment must be made if and when usedoes occur.

12. COMMERCIAL NOT USED FOR Two YEARS

If a commercial is not used for two years after the completion of any cycle and that commercialis thereafter used, the Employer shall pay the full applicable one-hour session rate provided forin the AFM Commercial Anouncements Agreement which is in effect at the time thecommercial is reactivated.

13. CALCULATION OF CYCLES

A. All 13-week cycles provided for in this Agreement may be calculated by counting:

Ci) 13 weeks or

(ii) 3 months less one day.

B. All 52-week cycles provided for in this Agreement may be calculated by counting:

(i) 52 weeks or

(ii) 12 months less pne day.




14. RE-USE REpORTS (ACCOMPANYING RE-USE PAYMENTS)

The following information shall be furnished with payments for re-use cycles, not later than 15business days following the commencement of the applicable re-use cycle:

(~\ l\TI"'ti3 ".f A rh:Tørt~C'ør\.1/ .1,,,,Ii..1,, VoL.J .L"-""".....I......

(ii) Product


(iv) Applicable rate schedule: Standard, Regional or Local for National

Advertisers or Regional or Local for Regional/Local Advertisers

(v) Identification of commercial(s) (title and/or number)

(vi) Usetbroadcast medium: Television, radio, non-broadcast, videocassette,foreign, or other

(vii) Date of the recording session

(viii) The Leader

(ix) Reporting Form number

(x) Re-Use cycle dates being paid

(xi) First air date

(xii) Name, Social Security number and AFM Local number of each Musician, Copyist,Orchestrator and Aranger who performed services for or at such session

(xiii) Such other information required to calculate and issue proper payment,all such information is included in Exhibit B, attached.




ARTICLE XV: MUSIC PREPARATION

ARRANGERS~ ORCHESTRATORS~ COPYISTS~ LIBRARIANS

Arangers, Orchestrators, Copyists and Librarians shall be paid not less than the rates set forthbelow and the conditions set forth shall apply:

Arranging

Aranging is the art of preparing and adapting an already written composition for presentation inother than its original form. An arrangement shall include reharmonization, paraphrasing and/ordevelopment of a composition so that it fully represents the melodic, harmonic and rhythmcstructure and requires no changes or additions.

Orchestrating

Orchestrating is the labor of scoring the various voices and/or instrments of an arrangementwithout changing or adding to the melodies, counter-melodies, harmonies and rhythms.

Full Score

A full score is a visual representation of parts to be performed by instrents and/or voice of amusical ensemble systematically placed on a series of staves, one above the other, and in whichno more than two instruments are combined on a single staff.

1. ARRNGERS AND ORCHESTRA TORS

A. Arrangers

Minimum Rates

Since arranging represents highly individual skills, the wages paid for aranging are left tothe discretion of the person doing the work.




B. Orchestrators

Page rates for Orchestrators (subject to the rules of Paragraph B (7)):

(1) Per Score Page

For not more than ten lines per score page............................ $19.06

(2) Additional Single Line

For each additional single linein excess of ten lines per score page.... ............................ .... $1.04

(3) Orchestrating Parts

Orchestrating the parts (without score):the combined rate for orchestrating and copying.

(6)

Scoring Piano PartFor scoring a piano part from alead or melody sheet per piano page....................................

Scoring Full Piano PartFor scoring a two-line or three-line fullpiano part from an orchestra score (or parts)or for scoring for solo piano, accordion,harp, etc., for individual performances,per piano page,......................................................:...............

Scoring Page for VoicesFor scoring for (choral) voices (a pageto consist of not more than four voices,which mayor may not include a piano part):

With come sopras being paid for (per Page) ........ .......... .......

Each additional voice (per Page) ........... .......... ........... ...........

Rules for Page Rates

$19.06

(4)

(5)

$35.48

$8.46

$.79

(7)

The following rules shall apply to page rates:

(i) A score page consists of four measures and shall be computed on the basis of a

minimum of ten lines

(ii) Divisi parts shall count as two lines

(iii) A pick-up shall be computed as a full measure

(iv) Come sopras shall be paid for/__'\ n ____4._ _1...11 _~L 1-.. .......... .~...;.Li.:_... ..1-.._.....4.. _............ ..~.. ....Tn..... _,.~;I /1....4- _.._....+..\V) .l'-'Cp'Cai~ L)uau uui u"' U,:VU VVJLUUi a Louviu,: i,v .1\.uu"",, U.1\o vv""õ"" PU.lU \VUL 1.""1-''''1',:,

del segnos and the like which appear in the composition are permssible)

(vi) The last page may be paid for on a half-page basis




(vii) The page rates do not include proofreading service

(viii) Voice and conductor parts written into a score shall be treated as instrumental parts

(ix) The word "piano" shall be deemed to include organ, harp, celeste, harpsichord,accordion, cimbalom, etc., when written on two staves

(8) Time RatesMay be used only for adding parts to a scoreon adjustments, work at rehearsals, take downs,alterations, additions and in other situationswhere page rates are impracticaL. The hourlyrate for time work shall be............................................. $28.91

2. COPYISTS

A. Minimum Rates

The minimum rates set forth in this Section 2 shall apply throughout the bargaining unit.

B. Page Rates

Page rates for copyists shall be as follows (subject to the rules set forth in Paragraph D onpage 55).

Instrumental Parts Original Repro

1. a. Single stave parts (single notation)........... $3.47......................... $7.17b. Single stave parts-chorded,....................... $5.99......................... $11.99

2. a. Double stave parts-chorded

(piano, harp organ, celeste, etc.)............... $5.99......................... $14.72b. + vocal cue................................................. $7.69.......................... $17.00

3. a. Rhythm piano parts

(chord symbols + bass line)...................... $4.58......................... $11.91b. + vocal cue................................................ $6.23......................... $14.24

4. Piano-vocal (3 staves.withlyrics)................. $9.17......................... $18.46

*5. Lead Sheet (melody + chord symbols

+ lyrcs-one set).................................................. .............................. $13.69



, OCTOBER 17,2004 - OCTOBER 16,2007

B Page Rates, continued

Vocal Parts Original Repro

6. a. Single voice line + lyrics

(oneset)................................................... $5.14......................... $11.92

b. Foreign language lyrics,extra per page .......................................... $1.41......................... $2.85

*7. a. Choir parts with lyrics

(one set) .................................................. $15.41

b. Foreign language lyrics,extra per page ...... ....................... ............ $2.23

Conductor Parts

*

a. Conductor, piano-conductor,production, control etc. (one ormore staves)............................................ $19.73

b. Constrcting chordedpiano-conductor part

(when no piano in score) ........................ $26.53

Pars marked with asterisk are multiple use parts and have one pricefor both Original and Repro.

*8.

Adding Lyrics or Words(per set, per page) Original Repro

9. a. Single stave pars ...................................... $1.76........................... $3.47

b. Multiple stave parts .................................. $1.76........................... $3.47

c. Foreign language: Double above rates

10. Numbering bars (per page) ......... .................. $.59.. ........ ................. $1.20

11. Chord symbols (when added, per page)

a. Single stave parts ...................................... $1.76........................... $3.47

b. Multiple stave parts .................................. $.87........................... $1.76




B. Page Rates, continued

12. Adding symbols (other thanchord symbols) tor electronicinstruments or devices:

a. Single stave parts ................................................................ $1.82

b. Multiple stave parts ............................................................ $1.06

13. Any part for solo performance .............................................. +50%

14. Special routines ............... ................... ...... .............................. +50%

15. Symphonyrate........,...............................................................+33 1/3%

16. Transposition ......... .......... ........... ..... ................ ....... ................ +50%

17. Master copy for reproduction(all parts not listed): Double part price

18. Time rates*

May be used only ön pasting, cutting production lines,

and in other situations where pages are impracticaL.

The hourly rate for time work shall be $23.95

*For description of work falling within these categories,see Paragraph 3 (E) (i-vi) Page 57.




C. Rules Applying to Page Rates

The following rules shall apply to page rates:

(i) For duplicating orchestra and band scores (note for note), the minimum rate shall be___ _ 1__1r _£'..1_ _ __._1___L.._L~.__ ___.._ L'___ ~___~__~ _____ulie;-IIi:11 Ui liie; Ui i-1ie;1)li auii/: I aie; iui 1)l-Ui Ui/: 1)allil-.

(ii) For remaking a score from regular parts, the minimum rate shall be one-half of

the orchestrating rate for scoring same.

(iii) Modulations, new introductions, endings and interpolations from piano shall be

paid for at orchestrating rates.

(iv) Symphony, opera, cantata, oratorio, ballet or any other standard or classicalmusic (copies, transcriptions, extractions) shall be paid for at one-third morethan the rates listed.

(v) Special routine work (writing only) where two or more scores or orchestralparts must be used or referred to in extracting the parts shall be paid for at 50%more than the rates listed.

(vi) The Contracting Copyist shall be designated as a Supervising Copyist and

he/she shall be paid for his/her services 25% more than the listed rates for thework with respect to which he/she acts (including copying done by hiiner)when the services of more than one Copyist are necessary to complete the workassignment.

(vii) When two or more Copyists are required to split scores for the convenience ofthe Employer, each Copyist shall be paid at page and half-page rates for thesection copied by him/er, but not less than the applicable hourly rate. Each ofthese Copyists shall be included on the Reporting Form filed for the session.

(viii) Rates for copying do not include any proofreading services. Proofreading, ifrequired by the Employer, shall be paid for at the rate of. $21.60 per hour withnon-minimum call to be applicable to such rate.

(ix) Divisi parts shall be paid for on a pro rata basis.

(x) Editing shall be paid for at the copying rate plus 50%.

(xi) Rates shall be computed on the basis often stave paper except that partsrequiring three or more braced staves shall be written on twelve stave paper,unless impracticaL.

(xii) Rates shall be computed on page and half-page rates except that the first pageshall be paid in full rather than prorated.

(xiii) An average of four measures per stave shall be secured, if possible, and twostaves of the first page (or any following pages, if necessary) shall be used fortitles or other written items.




(xiv) The Copyist who prepared the original part shall be paid the listed rate for anyreproductions thereof by any mechanical means whatsoever except where amaster copy was previously paid for at the rate listed.

(xv) All paper and necessary working material shall be supplied by the Employer or

furnished by the Copyist at cost.

(xvi) Transposition of all parts shall be paid for at 50% more than the listed rates.

(xvii) Use of rehearsal letters every two, three or four measures or to circumvent

payment for numbering shall not be deemed normal use.




3. GENERAL RULES ApPLICABLE TO ARNGERS, ORCHESTRA TORS, COPYISTS AND

LIBRARIANS

A. Delivery of Full Score

The Aranger or Orchestrator shall deliver to the copyist a full score. Abbreviations by comesopra and/or col indications within the same score may be used.

B. Other Media Limitations-Non-Commercial Announcement Use

Arangements, orchestrations and parts previously made for a use other than commercialannouncements shall be paid for hereunder when first used for commercial announcements.Arangements, orchestrations and parts made initially for commercial announcements shallnot be used in any other field either by the Employer or with its authorization unless the rateapplicable to such purposes is paid.

C. Use of Union Stamp

Arangers, Orchestrators and Copyists shall stamp the first and last pages of all arrangementsand scores and the first page of all parts with their offcial union stamp. Card number, Localand year must be written on any master copy.

D. Minimum Call

The minimum call for an Orchestrator shall be four hours.

A Copyist shall be guaranteed a minimum payment equal to the scale one-hour session feewhich applies to the Musicians employed for the recording session, pursuant to Aricle VIII.1 hereof. This minimum is also subject to added premium rates when such premium time isin effect.

E. Premium Rates

Orchestrators and Copyists shall receive the following premium rates but there shall be no

compounding of such premiums:

(i) For work from 6:00 p.m. to 12:00 midnight ......................... 150% of the listed rate.

(ii) For work on Satudays from 9:00 a.m. to 6:00 p.rn............... 150% of the listed rate.

(iii) For work in excess of eight hours

in one day on a single job ...................................................... 150% of the listed rate.

(iv) For work from 12:00 midnight untildismissed, and after 6:00 p.m. on Saturdays .......... ...... ......... 200% ofthe listed rate.

(v) For work performed on the same job at any timefollowing a call-back less than eight hours afterprior dismissal during premium pay hours............................ 200% of the listed rate.

(vi) For work on SUIdays and the following holidays ................. 200% of the listed rate.

Prnting 07/07/06 57




New Year's DayPresidents' DayMemorial DayIndependence Day

In Canada

Labor DayThankgiving DayChristmas Day

New Year's DayGood FridayEaster MondayVictoria Day

Dominion DayLabour DayThanksgiving DayChristmas Day

F. Out of Town Work

(i) Rates

If the Employer requests an Orchestrator or Copyist to work in a city other than theone in which he/she resides or in his!her normal working environs in which he/she iscustomarily employed, such work shall be paid for at 125% of the listed rate. In suchcases the Employer'shall reimburse all reasonable and necessary travel expenseswhich have been agreed to in advance, including meals and including the cost of hotelif such Orchestrator or Copyist is required to stay away overnight.

(ii) Transportation

Round-trip, first-class transportation, with sleeper for overnight travel, shall befurnished by the Employer. Airplane coach shall be considered first-classtransportation.

G. No Application of Other Rates

The minimum rates specified herein relate to aranging, orchestrating and copying servicesof every nature as utilized in connection with commercial announcements and no otherminimum rates shall be applied for any such services.

H. Session Attendance Rates

Copyists and Librarians who are required by the Employer to attend recording sessions shallbe paid at the Side Musician rate.

I. Pickup and Messenger Service

Pickup and messenger service shall be paid by the Employer.




J. Initial Radio or Television Recording Session (Commercials Produced Under NationalRecording Rates)

(i) First Three Conuercials

Copyists and Orchestrators shall receive for each composition copied and orchestratedthe applicable fees set forth in the above schedule for the amount of work involved ineach such job. This scale payment shall entitle the Employer to use each compositionin question in not more than three conuercial announcements at the initial recordingsession provided such conuercial announcements are for use in the same medium.

(ii) Additional Conuercials

For each conuercial announcement produced in excess of the first three at the initialrecording session which incorporates such composition, the Copyist shall receive a feeequal to the applicable scale fee being paid to the Side Musicians, and the Orchestratorshall receive a fee equal to the applicable scale fee being paid to the Leader.

K. Use Payments

The initial 13-week cycle (Initial Use), any additional 13-week cycles, the editing, dubbingor conversion of additional conuercials shall be paid for as provided for in the applicableArticles as set forth in this Agreement.

Payments for Regional and Local commercials shall be paid for as set forth in Articles ixand X of this Agreement.

L. Subsequent Use of Work-Additional Commercials in the Saine or "Other" Medium

The Copyist shall receive a fee equal to the applicable scale being paid to the Side Musiciansand the Orchestrator shall receive a fee equal to the applicable scale fee being paid to theLeader.




ARTICLE XVI: SIDELINE MUSICIANS

A "Sideline Musician" is a person covered by this Agreement who is engaged to mime theplaying of a musical instrument.

1. PAYMENTS

A. Base Scale

(i) Minimum pay for eight hours

(Side Musicians and Orchestra Manager)..................................... $162.88

Overtime after eight hours,per 15 minutes or fraction thereof ............. .... .......... .... .......... .......

(ii)

(iii)

(iv)

$7.64

$191.61One person alone, minimum pay for eight hours.......................

(v)

(vi)

One person alone, overtime after eight hours,per 15 minutes or fraction thereof.................................... .... $8.99

Leader-double above rates.

If two or more Sideline Musicians are employed, one of them shall be deemed theLeader.

B. Premium Rates

All work performed between midnight and 8:00 a.m., on Sundays, and on the following holidaysshall be paid for at two times the applicable scale.


New Year's DayPresidents'DayMemorial DayIndependence Day

In Canada

Labor DayThankgiving DayChristmas Day

New Year's DayGood FridayEaster MondayVictoria Day

Dominion DayLabour DayThangiving Day

Chrstmas Day

Each of these holidays shall be observed on the day on which it is observed by employees of theUnited States Governent or of the Governent ófCanada.



OCTOBER 17,2004- OCTOBER 16,2007

C. Use Payments

The initial 13 or 26-week cycle (Initial Use), any additional 13, 26 or 52-week cycles, theediting, dubbing or conversion of additional commercials shall be paid for as provided for inthe applicable Aricles as set forth in this Agreement.

Payments for Regional and Local commercials shall be paid for as set forth in Aricles IXand X of this Agreement.

D. Recording by Sideline Musicians

Except for "leak throughs," if Sideline Musicians record, they shall be paid for not less thanone recording session in addition to the applicable sideline scale This shall not apply if theMusicians play, but do not record. A "leak through" is defined as the recording of SidelineMusicians which is not intended for direct recording. .

If a Sideline Musician is required to prescore or directly record while fiming for the purposeof using such recording as a "playback" for rehearsal or ifit is used in the final version of thecommercial announcement, then such recording shall be paid for at the recording scale fornot less than one-hour minimum call in addition to the applicable sideline scale.

E. Doubling

When a Sideline Musician is required to double as defined in this Agreement, he/she shallreceive an additional 30% of Sideline Musician's Base Rate for the first double and anadditional 15% of Sideline Musician's Base Rate for each additional double thereafter ifphotographed playing such respective instruments.

F. Silent and Speaking Bits

If a Sideline Musician is directed to perform a silent, speaking, singing or other bit, he/sheshall be entitled to compensation at not less than the then prevailing scale of Screen ActorsGuild, or other union having customary jurisdiction over such service.

G. Sideline Services for Single Employer

Whenever an Employer enters into a wrtten contract requiring a Sideline Musician to refrainfrom rendering sideline services to any other employer, the Sideline Musician shall beentitled to a re-use payment or an amount equivalent to a re-use payment for eachcommercial in which he/she renders services under this Agreement every three monthsfollowing the date services are rendered. For purposes of computing payment, all musictracks recorded on the same Reporting Form shall be considered as one commerciaL.

2. WORKNG CONDITIONS

A. Leaders

Where two or more Sideline Musicians are employed on an engagement, one shall beconstred as Leader and shall receive double Sideline Musicians non-doubling scale.

Prnting 07/07/06 61



B. Orchestra Manager

If ten or more Sideline Musicians (including Leader) are employed for any session, an

Orchestra Manager (Contractor) shall be employed for such session. Such Orchestra

Manager may be one of the Sideline Musicians. He/she shall be compensated at twice theminimum rate for the non-doubling Sideline MusicÏans but in any event ihe si:aÌe fur aiiysuch person performng both as an Orchestra Manager and Sideline Musician shall notexceed twice such Sideline Musicians non-doubling scale.

C. WorkDay

"Sideline," "Atmosphere," or "Silent" -The work day starts at time and place ordered toreport and ends when dismissed at Studio or in the city.

D. Turnaround

The period of time between when a sideline musician is released at the end of a work day andwhen s/he is required to report back to work for a subsequent Work Day ("turnaround time")shall not be less than ten hours.

E. Weather Permitting Calls

(i) Cancellation

When the scheduled photography is canceled by Employer because of weatherconditions, a Sideline Musician reporting pursuant to a "weather permtting" eall shallbe paid one-half day's pay, which shall entitle the Employer to hold the SidelineMusician for not exceeding four hours; the Sideline Musician shall receive two hours'pay (at straight time) for each additional two hours, or fraction thereof, during whichhe is thereafter so held~

(ii) Permssible Work

During this time, the Employer may costume, rehearse, or otherwise use the SidelineMusician on the specified commercial announcement, except for recording orphotographing, stil or otherwise, of such Sideline Musician.

(iii) Pay for Use

If the Sideline Musician is used for such recording or photographing, he shall receive aday's pay.

(iv) Not Applicable to Studio Stages-"Weather permtting" calls shall not be issued forstages in studios.




F. Fittings and Interviews

(i) Costume Fittings

Sideline Musicians fitted at a place designated by the Employer shall be given a fitting11 r 11 _aiiuwaul;c a~ luiluw~.

(1) If on a day prior to the work call, payment for two hours' time; additional time shall be

paid for at the hourly rate in units of 30 minutes.

(2) If the fitting call is on the same day as the work call, straight time computed in units of30 minutes; provided, however, that if on the same day four hours or more intervenebetween the work call and the fitting, payment shall be made as though the fittingoccurred on a day prior. If less time thari four hours intervene from the termination ofthe fitting to time of work caB, alì intervening time is work time.

A Sideline Musician who has been fitted shall be paid not less than a full day's agreedwages ifnot given employment in the production for which he/she was fitted. The rateof fittings shall be based on the classification in which the Sideline Musician isemployed on his/her first day of employment on which he/she is required to wear thecostume for which he/she is so fitted.

(ii) Interviews

Sideline Musicians reporting for interviews shall receive an interview allowance of$15.00 for the first one and one-half hours of the interview. For additional time of theinterview, Sideline Musicians shall receive an interview allowance, minimumcomputation in units of two hours at the specified regular hourly rate. If, within anyperiod of interview time, any recording or photography, still or otherwise, is done foruse in any commercial announcement, he/she shall be paid the agreed daily wage;except that stil pictures to be used exclusively for identification of the Musician orwardrobe may be taken by Employer without making such payment.

Upon completion of the interview, the Sideline Musician shall be notified whether ornot he/she has been selected, and he/she shall be advised as to the rate ofcompensation to be paid; if the Sideline Musician is not used in the commercialannouncement for which he/she was selected, he/she shall be paid the day's pay unlesshe/she is not available when called, in which event, he/she shall not be entitled to anypayment.

A Sideline Musician required to report for a second interview for the same job shall bepaid not less than two hours' pay at the established daily rate.

Sideline Musicians who are required to and do report for an interview in dress clothesshall be paid five dollars ($5.00) over and above the interview allowance.

If the Sideline Musician is not used in the commercial announcement for which;nlpr,,;puTPrl lip/~liP m~i. 'hp llQPrl 1n !lnnthPr ronmmprr-;!i 1 !:nnnnnf"pnlpnt nn thP cr:n'lP........__..._.. --, ...._. ......- ......_J --- -..-- ...... _......-..._.. _......_...._.._.._.. _........-....__......_...... "".... ......- .._......-day for which he/she was called.




G. Notification and Cancellation of Calls

(i) Notification of Calls

All calls forBideline Musicians shall be made not later than 6:00 p.m. on the daypreceding the call, except in emergency, and exeept at the end of 8ny photogr~rhicday, calls for the following day may be given to the Sideline Musicians, provided,however, that Sideline Musicians are not obligated to work more than one day unlessso notified at the time of calL.

(ii) Cancellation of Calls

In the event of the cancellation of any call for any reason beyond the control of theEmployer, the Sideline Musicians so canceled shall receive a one-half payment exceptas provided in subparagraph (3) below.

(1) The Employer shall be entitled to hold and use such Sideline Musicians for fourhours only to the extent herein provided. For each additional two hours orfraction thereof, such Musicians shall receive a one-quarter payment.

(2) During the time which the Sideline Musicians are so held, the Employer shallhave the privilege of putting Sideline Musicians into costue, rehearsing ormaking other use of their services. If, however, any recording or photography isdone, whether stil pictures or otherwise, Sideline Musicians shall be pe:id theagreed daily wage.

(3) If any Sideline Musician has been notified of such cancellation before 6:00 p.m.

of the day previous to the work date specified in such call, or shall be otherwiseemployed on such work date by the same or any other Employer, at a rate equalto or higher than the rate applicable-to such Sideline Musician as specified Ínsuch canceled call, he/she shall not be entitled to such one-half payment.

(4) If the Sideline MusiciaIls second work assignent shall be for a time tocommence less thanfour hours after the time of his /her canceled call, he/sheshall receive-in lieu of the one-half payment-an allowance for the cancellation. ofthe call on a straight-time hourly basis, computed in 30-mInute units from thetime of the first call to the time of his /her second call. Overtime, if any, on thesecond work assignent shall be computed without reference to the first call. lfthe second work assignent shall be for a time to commence more than fourhours after the time of his /her canceled call, he/she shall receive the one-halfpayment. Overtime, if any, shall be computed without reference to his/her firstcall.

H. Meals

(i) Duration

Meal periods shall be not less than one-half hour nor more than one hour. Not morethan the one meal period shall be deducted from work time during the first eight hours.




(ii) Time of Meal Periods

The first meal period shall be called not later than six hours from time of call, andsubsequent meal periods not later than six hours after the termnation of the precedingmeal period, except on staggered calls. Employer may call a meal period on work timeand the deductibie meai period shaH commence not iater than six hours thereaÍier. If,upon the expiration of such 6-hour period, the camera is in the actual course ofphotography, it shall not be a violation to complete such photography, provided thatsuch delay shall not exceed ten (10) minutes.

(iii) Night Meals

Food and hot drink shall be provided when Sideline Musicians are required to workafter 11 :30 p.m.

(iv) Violation of Meal Period Provision

The penalty, if any, for each one-half hour meal delay or fraction thereof shall be onehour's pay, computed at one-eighth of the straight time eight-hour daily basic wagerate paid for that workday, to all Sideline Musicians on that particular production whoare entitled to such meal period penalty.

I. Wardrobe

(i) Wardrobe Allowance

Sideline Musicians are not to be required to provide any wardrobe other than tuxedo,business suit or full dress.

When a Sideline Musician reports in the specified wardrobe, and in addition bringsone or more complete changes of wardrobe as requested by the Employer, he/she shallbe entitled to an allowance of $6.00 per day for the first such change and $10.00 perday for any two or more such changes, provided, however, that such allowance shallnot be applicable to wardrobe fuished for and used on an overnight location.

(ii) Wardrobe Removal Allowance

A Sideline Musician shall be dismissed as soon as his/her wardrobe or propert hasbeen tued in. Whenever he/she turns in wardrobe or propert on time for whichhe/she is not otherwise compensated, he/she shall be paid a wardrobe removalallowance of 30 minutes at his/her regular hourly rate for that day. If more than theone-half hour allowance is required to check in his/her wardrobe or propert, he/sheshall be paid for such excess time at his/her agreed daily rate, computed in units of 15minutes.

(iii) Damage to Wardrobe or Propert

If any wardrobe or propert personally owned by a Sideline Musician is damaged inthe course ofhis/uer empioyment, the Empioyer shaH compensate himluer therefor.

Prnting 07/07/06 65



J. Makeup

A Sideline Musician shall be entitled to additional compensation of $10.00 per day who is:

i~\ ..;_....4-.... .,. .._.. ,..."".. 1-...." i...,...T ..nl,oßu_ ".. ..~1 o_..l~oA t.. ~r\rø +l'\:JT\ ,(\0£ nf'"hie:!hpr\1) UL1"","L.VU iv UI1U uv"",: iiav\. UVU) iiiu..n""up VJ. vi..1 LfPp.l.JvU \.'- .1...1J.I"' '-....~'.....1.. ..V/V V.. .&...1...11........

body and/or

(ii) who is required to and does wear a rubber skullcap, and/or who is required to and does

wear hair goods affxed with spirit gum (specified as full beards, mutton chops or acombination of goatee and mustache) and/or

(iii) who at the time of his/her employment is required to and does wear his/her own

natural full-grown beard, as a condition of employment.

A Sideline Musician who grows or is directed to grow a beard while employed by theEmployer shall not be entitled to such additional compensation therefor.

K. On Location

When working on location at a distance making commuting to and from the engagementimpractical or impossible, daily schedules wil apply.

Travel time shall begin when the employee reports for travel pursuant to instrctions andends when the employee arrives at the destination Only travel time between 6:00 a.m. and6:00 p.m. wil be computed as work time. This time shall not exceed eight hours per,day.The travel time rate shall be $7.50 per hour, with double for Leader. '

All expenses shall be paid by the Employer, including transportation, meals and reasonablesleeping accommodations, in addition to regular daily schedules.




ARTICLE XVII: PENSION FUND

1. PERCENTAGE CONTRIBUTION

Employer shall contribute an amount equal to 12% of all earnings (excluding health and welfarepayments, cartage fees, late payment penalties and travel, food and clothing expenses) ofwhatever nature covered by this Agreement, computed at scale earnings:

These contributions shall be made:

a. With respect to services rendered in the United States, to the American Federation of

Musicians and Employers' Pension Fund (AFM-EP Fund). The Employer agrees to belegally bound by the Agreement and Declaration of Trust Establishing the AmericanFederation of Musicians and Employers' Pension Fund, as amended from time to time,which is incorporated by reference into this Agreement.

b. With respect to services rendered in the Dominion of Canada, to the American

Federation of Musicians' and Employers' Pension Welfare Fund (AFM-EPW Fund)

(Canada), created pursuant to Agreement and Declaration of Trust, dated

April 9, 1962.

2. SUBMIT REpORTS; SUBJECT TO AUDIT

The Employer shall submit such reports in such form as the Trustees may reasonably require andthe Employer's records shall be subject to such reasonable audit by the Trustees as the Trusteesmay require.

3. SIMULTANEOUS DELIVERY OF STATEMENTS TO FEDERATION

The Employer agrees that it shall furnish to the Federation, simultaneously with its deliverythereof to the Trustees, copies of any and all statements submitted to such Trustees under saidTrust Indenture.

4. RIGHT TO AUDIT

The Federation shall have the right from time to time, upon reasonable notice, without limitationto the duration of this Agreement and at all reasonable times during business hours, to have theFederation's duly authorized agent(s) examine and audit the records and accounts of any part to

this Agreement concerning all transactions which are or legitimately may be subject to paymentsunder this Agreement to ascertain what sums, if any, may be due and to verify the accuracy ofany statements made by any part pursuant hereto. All necessary facilities shall be madeavailable to such authorized agent(s) to enable them to make such examination and audit and tocopy and make extracts from said records.

5. FEDERATION AND TRUSTEES MAY ENFORCE

The Federation and said Trustees, or either ofthem, may enforce these provisions.




ARTICLE XVIII: HEALTH AND WELFARE PAYMENTS

1. EMPLOYER CONTRIBUTION

The Employer shall contribute to the lawful Health and Welfare Fund presently established byany Federation Local and, commencing 3U days after notice in writing, the Empíoyer wiíí pay toany other lawful Health and Welfare Fund established by any other Federation Local:

A. Original Session

The sum of $ 15.00 per session for each original service performed, up to a maximum of twosuch services, within the jurisdiction of such Federation Local by each Musician covered bythis Agreement.

B. All Wage Payments

An amount equal to two percent of all scale wages (session, dubbing, use, conversion and re-use fees) being paid under this Agreement to all Musicians.

C. Payment to Musician's Welfare Fund Locals

With respect to Musicians who are members of a Federation Local where a Welfare Fund hasbeen established, the Employer shall pay the applicable amount directly to the Musician'sWelfare Fund regardless of where such services are performed.

2. PAYMENT TO MUSICIANS

With respect to Musicians who are members of a Federation Local where no Welfare FUId hasbeen established, the Employer shall pay the applicable amounts directly to each Musicianregardless of where such services are performed.

3. CONTRIBUTIONS ARE NOT WAGES

No Health and Welfare contrbution, whether paid to any Fund or paid directly to a Musidan,shall be considered wages under this Agreement or the basis for computing the applicable AFM-EP contribution or any other payments under this Agreement such as re-use, doubling, overtime,dubbing, etc. , provided, however, that such contribution, when paid directly to a Musician, maybe considered wages for tax purposes only.



OCTOBER 17, 2004- OCTOBER 16, 2007

FEDERATION LOCALS WHICH HAVE ESTABLISHEDHEALTH AND WELFARE FUNDS AS OF DECEMBER 1, 1995

LOCAL FUND NAME

802-New York, NY

47-Los Angeles, CA

Musicians' Local 802 Health Benefits Plan

369-Las Vegas, NY

66 i -708 - Atlantic City, NJ

Professional Musicians' Local 47 andEmployers' Health and Welfare Fund

H.E.R.E.LV. Welfare Trust Fund

Local 66 i -708 Health and Welfare Fund

Prnting 07/07/06 69

TELEVISION AND RADIO CQMMERCIAL ANNOUNCEMENTS AGREEMENT


ARTICLE XIX: PAYMENTS

1. PLACE AND TIME

A. Place

Each and every payment to be made pursuant to this Agreement, including but not limited topayments for original performances and services, dubbing, initial use cycle payments andadditional payments based on broadcasts of commercial announcements following the first13 weeks of broadcast and/or initial Internet use, and payments of contributions to theAmerican Federation of Musicians' and Eínployers' Pension Fund and to the AmericanFederation of Musicians' and Employers' Pension Welfare Fund (Canada) and payments toHealth and Welfare Funds of Local unions, where required, shall be made through suchagency or agencies of the Federation as may be designated from time to time by theFederation.

B. Time

Each such payment shall become due and payable within 15 days (excluding interveningSaturdays, Sundays and holidays observed by Employer) following the accrual date of suchpayments.

(1) Original Services (Session)

The accrual date for payments for original services shall be the dateof the original services.

(2) Pension and Health & Welfare Funds

The accrual date for payments of contrbutions to the said Pension and Health &Welfare Funds shall be the same date as the accrual date of the payment on which suchcontribution is based, provided that the Trustees of such Funds may agree withcontributors with respect to single monthly payments of such contributions.

(3) Initial Use/Re-Use

The accrual date for payment due for the initial use cycle shall be based on the (i) firstair date of the first commercial broadcast or (ii) first use on the Internet. The accrualdate for payment of additional payments based on broadcast/use of commercialanouncements following the initial use cycle shall be the date of first broadcast/use ineach subsequent 8-week, 13-week or 26 week cycle as applicable.

(4) Conversion, Non-Broadcast and Foreign

The accrual date for payments due for use of a commercial announcement in abroadcast medium different from the broadcast medium used for the first broadcastduring the initial cycle or by reason of conversion, non-broadcast and foreign use of acommercial announcement shall be the date of first broadcast in such differentmedium or in foreign areas (or, in the case of a made-for-Internet commercial, the date




of first use of such commercial announcement in a broadcast or cable medium).

The accrual date for payments due for use of a made-for-Internet commercial in abroadcast medium (television or radio) shal1 be the date of broadcast in such medium.

(5) Dubbing

The accrual date for payments for dubbing material into a commercial announcementin the same broadcast medium shall be the date of first broadcast of such commercialannouncement.

2. PAYMENT INFORM A nON

The fol1owing information wil accompany each payment, either printed on the check stub orattached thereto:

a Name of Advertiser

b. Product

c. Title of Commercial

d. Date of Original Session

e. Medium of Use (TV, Radio, Internet, etc.)

f. Re-Use cycle

g. Leader

h. Category of use (standard, regional or local for national advertisers, regional or localfor regional/local advertisers, Internet)

1. First Air Date

J. AFM Reporting Form number

3. LATE PAYMENT PENALTY

Failure to make any payment on the due dates aforesaid shall require payment of an additionalamount as a late penalty; the amount of the penalty is as follows:

a. An amount equal to 5% of the initial amount payable if such payment is made betweenthe 16th and 30th business days (excluding intervening Saturdays, Sundays, andholidays observed by Employer) following the accrual date.

b. Payments made between the 31 st and 60th business days shall require, in lieu of thesaid additional 5% payment, the payment of an additional amount equal to 10% of theinitial amount payable.

c. Payments made between the 61 st and 90th business days shall require, in lieu of thesaid additional 10%, the payment of an additional amount equal to 25% of the initialamount payable.

Payments made after the 90th business day shall not require any penalty payments inaddition to the above 25% penalty unless the Local or Federation advises theEmployer in writing of such non-payment. If payment is not made within 15 business




days after Employer receives such notice, an additional penalty of 10% of the initialamount payable shall accrue for each 30-day period in which payment is not made.The first such 30-day period shall begin on the date such notice is received.

A claim for late payment penalty shall be initiated in writing by the Local orFederation no later th~n flO husiness days after receipt of

the initial amount payable or

the claim wil be invalid.

Such penalty payments shall not be required when Employer's delay or failure inpaying results from (i) Employee's delay or failure in furnishing a W-4 form, or (ii)Leader's or Contractor's delay or failure in filing a complete Reporting Form (ExhibitB) in the event Employer elects not to furnish such form, or (iii) the existence of abona fide dispute as to the amount due and payable, provided that notice of suchdispute shall have been fied with the Local of the Federation in whose jurisdiction thework was performed within ten business days following receipt of

bils or Reporting

Form (Exhibit B). Only disputed portions of payments may be withheld pending

resolution ofthe dispute.

4. ADJUSTING UNDISPUTED OVERPAYMENTS

Where an overpayment has been made to a Musician and there is no factual dispute as to theoverpayment, the overpayment may be credited against subsequent payments due to the sameMusician no sooner than 10 business days after the notice set forth in Subparagraph (a) belowhas been sent, when the following conditions have been met:

(a) The Employer has. given written notice to the Musician, with a copy to the Local ofwhich the Musician is a member, identifying the reason for the overpayment, theamount and date thereof, and the commercial(s), advertiser and agency involved; and

(b) The notice is given within 90 days of the overpayment.

5. CURNCYAll payments to be made under this Agreement shall be made in the currency of the countrwherein the musical portion of the comiercial announcement was recorded.

Printing 07/07/0672



SIDE LETTER AGREEMENT

COMMERCIAL DEMOS

This side letter agreement is entered into by and between the American Federation of MusiciansThis side letter agreement is entered into by and between the American Federation of Musicians

of the United States and Canada (the "Federation") and the Joint Policy Committee on BroadcastTalent Union Relations of the Association of National Advertisers and American Association ofAdvertising Agencies ("JPC") on behalf of each company referred to in Aricle I (1) of theAgreement. The JPC and the Federation agree, over the term of this Agreement, to jointly studyrevenue-neutral mechanisms under which music houses could make, and if so would be solelyresponsible for, pension and health & welfare contributions under this Agreement for musiciansmaking commercial demos. -

For the Federation For the JPC

sf sf

Prnting 07/07/06 73



EXHIBIT AAmerican Federation of Musicians Assumption Agreement Form

The undersigned Transferee of music tracks recorded for the advertiser and product identifiedut;lùw uüder the jurisdictiûn ûf the AiTICïicân Fcdcíûtion of lvlusicians, including but net liITitedto the music tracks included in the commercial announcement(s) identified below, acknowledgesto the undersigned Transferor that such music tracks and the use thereof is/are subject to theterms and conditions of the applicable American of Musicians Television and Radio CommercialAnouncements Agreement. Transferee hereby agrees expressly for the benefit of the AmericanFederation of Musicians ("Federation") and of the persons covered by such Agreement withrespect to such music tracks, to abide by and perform the provisions of said Agreement and,without limitation of the foregoing, to make the payments for use and re-use of said music tracksrequired thereby. It is expressly agreed that the Federation, in its own behalf and in behalf of thepersons covered by said Agreement, in addition to any.other rights and remedies available to it inthe event of breach of this Agreement by the undersigned, shall be entitled to injunctive relief forthe enforcement of this Agreement.

Advertiser/Product

Effective Date of Transfer

TRASFEROR TRASFEREE

Print Name of Transferor Print Name of Transferee

Address Address

Telephone: Telephone:

By: By:

Signature of Authorized Offcer Signature of Authorized Offcer

Print Name and Title Print Name and Title

APPROVED ON BEHALF OF THE AMERICAN FEDERATION OF MUSICIANS

By:

Signature of Authorized Offcer Print Name and Title

Date:

Identification of Commercial Anouncement(s):

Printing 07/07/06 - 74



EXHIBIT B: B-6.Reporting FormThis sample form has been condensed and shortened to fit this page but all

information is otherwise unchanged from the originaL. Forms are available from the AFM.~f;1¡1f\\.",~~l\,r¡JJ¡ti..~'¡

t..,c.~ .,

American Federation of Musicians Report FormTelevision and Radio Commercial Announcements

No. #########

Date: ORIGINAL SESSION T AFM Local #:

Advertiser: Recording Date: # of musicians:

Product: Recording Studio:

Advertising Agency: City: I State:

Agency Rep: Hours of Employment:

Agency Address: Music Prod, Co, Name:

RE-USE, DUBBING, CONVERSION OR OTHER

Original Report Form #:

Agency Rep, Phone: Original Recording Date:

(a) Lowest # of Reported Hrs, W'kd: Check 1 and only 1 from each of these three columns:

(b) # of Announcements Claimed: Payment Type Medium Rates

One announcement may be claimed for every 20 minutes reported in (a) above. - Original Session - TV - Standard

subject to Cl maximum of 8 announcements for synthesizer-only sessions. - Initial Use - Radio (13 weeks) - Foreign

IDENTIFICATION (10) - Re-Use - Radio (8 weeks) - Regional (Nal' Adv)

Tilles & Code #s, (Incl. Track length for original sessions only,) When 10 changes - Conversion - Non-Broadcast - Regional (Reg'l Adv)give prior & new, Dubbing Videocassette Local (Nal' Adv)- - -

Original (or prior) 10Track

New 10 Dubbing (Longerl Internet Local (Local Adv)

Lenath Shorter Version)- ~ -A Other Other (Indicate region or local areaB in MEMO box below) .

C Additional Information Check if:

0 Short term use - Commercial made for cable only-E - Info changes -- PSA status confirmed by AFM

F - Mechanically edited - Session performed solely on synthesizer

G - Sideline Session - Late penalties apply

First Air IUse Date: Other

Cycle Dates Being Paid: MEMO:

Payments not made on a timely basis are subject to the late payments provision of the AFM Television & Commercial Announcements Agreement

Signatory of Record: For Session Payments (e.g. Prod. Co" Agency):

Address:

Pension to be paid by (if different):

Signatory of Record: For all other payments (e.g., Agency):

Address:

Pension to be paid by (if different):Tel1 & conditions of the engagement covered by this Report Form Include the terms & conditions of the AFM Commercial Announcements Agreement In effect at the time of such engagement.

Signatory of Record's Signature: Leader's Signature:Print Name of Signatory: Phone: Leader's Phone:

.Wages (1)AFM Local # Employee's Name (as on Soc, Sec. Card): Hrs. # of db Is Spot 10 Spot 10 H&W

------------------- Soc. Sec. # per (byltr (per--------------- Pension if

Card # Last First Initial Wk'd session above) double) Cartage applic.

(Instrument(s))

----------------- (Ldr) ---------------

------ ----------------

-------------- (Arr,) -------------

~---- (Orch,) -------------

~--------- (Copyist) -----------

(1) Insert X if wages being paid are overscale, TOTAL PENSION CONTRIBUTIONS:

TOTAL H & W CONTRIBUTIONS:




Distribution of the six copies of this Report Form is as follows:

1. Original (first) page is to be sent to:

AFM-EP Fund1 P~nn P1::z::, 11 st FloorNew York, NY 10019

with Pension contribution check made payable to the AFM-EP Fund.

2. One copy is to be retained by the Music Production Company.

3 One copy to the Advertising Agency where applicable.

4. The remaining three copies are to be sent to the applicable AFM Local withthe Musicians' checks. The AFM Local wil: -

. retain one copy

. st:nù uut: l,UPY lu iht: Aim:riiiaii Fedúration of Musicians,1501 Broadway, Suite 600, New York, NY 10036

. send one copy to the Leader

Pension Contribution:

Commercials Produced on or after 12/1/93: 12%

Health and Welfare PaymelIts

1 Original Session Only:

$15.00 for each original service performed up to a maximum of two services

2 All Scale Wage Payments:

An amount equal to 2% of all scale wages (session, dubbing, conversion and re-use fees)being paid under the AFM Commercial Anouncements Agreement.

See Aricle XVII, Health and Welfare Payments, of the AFM Commercial AnouncementsAgreement for information regarding distrbution of Health and Welfare payments.




EXHIBIT CAFM-AAANA

Television and Radio Commercial Announcements AgreementGriev2nre Form

To:

From:

hereby fies a grievance

(Grievant)

against pursuant to(Name of Part)

Section of the Agreement. AFM Report Form # (attach copy)

Nature of claim:

(Briefly describe above the action taken which allegedly violates the Agreement. State the date(s) andlocation where that action took place; the name of the individual(s) who took such action; and the specificprovision(s) of the Agreement that allegedly were violated.)

Nature of remedy or relief requested:

Dated:(Grievant's signature and address)

Resolution, if any:




INDEX

A E

AA . See American Arbitration AssociationAccess' 5

Add Lead In and Lead Out. 36Adding Lyrcs or Words' 53AFM-EP Fund' 12,67,76Air Date' See First Air DateAmericàn Arbitration Association ("AA") . 1 0Announcers Copy' 36Applicable Laws' 2Arbitration' See Grievance and Arbitration

Arangers' 50

Assumption Agreement. 8

Assumption Agreement Form' 74Audit. 6,67

Editing' 36-39, 55

Electronic Device' 15Employer's Obligations' 1, 5Experimental Videocassette Provision' 47

FFederation Approval' 8Federation's Obligations' 5

First Air Date' 47-48Floating Region' 22, 24-26Foreißl Use' 46Full Score' 50, 57

B G

Bargaining Unit. 1-4, 53

Base Scale' 19-20, 23-24, 26-29, 60

Broadcast Standards' 39

Bylaws' 4

Grievance & Arbitration' 10-11Grievance Form' 77Guaranteed Length of Call' 13

c H

Cable Use' 47Calculation of Cycles' 48Canada' 4, 7, 39Cancellation' 17, 62, 64Captions' 3

Cartge' 16, 67

Changes Required By Law' 39Commercial Not Used for Two Years' 48Conductor Parts' 53Conflct of Duties . 4Conformity with Agreement. 7Contractor Required . 14Conversion' 12,23,24,27,29,40-3,47,59,70Copyists' 52, 53, 56, 58Currency' 7

Health & Welfare Payments' 68-69Hearing and Award . 11Holidays' See Premium Rates

IIndividual Contracts' 7Individually Created Content. 7Industr-Federation Committee' 6,47Informational Changes . 37Initial Use' 42,46,48,59,61Internet Use' 33-35

L

D

Dismissal' 16,57Doubling' 14, 15,61Dubbing' 40-1

Language Translations' 39Leaders And Contractors Paid Double' 14Librarians' 50, 57

Limitation on Use' 36Limitations-Non-Commercial Announcement. 57


': ..



Local Commercial Announcements' 19for Local Advertisers' 30for National Advertisers' 28Market List. 3 i

M

Makeup' 66

Market List for Local Commercial Announcements'31

Meal Periods' 13,64-65Meals' 64

Mechanical Editing' 37Minimum Call' 13,57Minimum Call Session' 19Multiple Parts' 15

Multiple Services' 12

Music Preparation' 50

N

National Advertisers' 17, 18, 2 iNational Recording Rates' See Standard Recording

RatesNew Use . 40Non-Broadcast. 47

Non-Discrimination' 5

Non-Transferability. 2

oObligation to Report. 12Off-Camera Message' 39On Location . 66Orchestra Manager' 62Orchestrator' 26, 51, 57Out of Town Work' 58

Outstanding Claims' 2Overdubbing' 36Overtime' 13,61,64

p

Page Rates' 52-56Parties of Agreement. 1Parties, Relationship of' 4-6D-:n""øT'tco.. -J......_......

Accompanying Information' 71Adjusting Overpayments' 72Base Scale' See under Base Scale

Cable Use' 47

Cartage' 16, 67

Currency' 72

Dubbing Rates' See DubbingDue Dates' 7 iHolidays' See Premium RatesLate Penalty. 7 iNew Use Rales . See Cuiivt:isiuiiOvertime' 13,64Re-Use . See Re-useSame Musician' 14

Sessions-Local Commercial Announcements'28-32

Sessions-Regional Commercial Announcements'21-27

Short Term Use' 43Single Musician' 14Single Payment for Multiple Services' 12Subject to Audit. 6Transfer of Rights . 8

Pension Fund. 67, 70Premium Rates' 16,57,60

Presumed Clause' 7Primary Labor Disputes' 5

Public Service Announcements' 17

R

Recognition' 4

Recording by Sideline Musicians' 61Regional Advertisers' 21

Regional Commercial Announcementsfor National Advertisers' 21for Regional Advertisers' 24

Rehearsal Letters' 56Reporting' 12,15,17,28,49,71,72Reporting Violations' 12

Rest Period. 14

Re-Use . 23, 24, 42-46, 70Right of Access' See AccessRight to Audit. See AuditRight to Information' 6

sSame Musician' 14

Services Covered . 1Sessions

Contractor Required' 14Fees' See Payments~___.._._..__.. T ____..1_ 1..\Juc:le1uu;;Ç;u .iCllÖL11 - 1 J

Maximum Number of Commercials' 19Minimum Call' 13Notification' 17

Overtime' 13




Reports' 18

Short Term Use' 43Shorter or Longer Music Tracks' 37Sideline Musicians' 60-66Single Advertiser' 13

Single Musician' 14

Union Security. 4Union Stamp' 57

Unlimited Copy' 21, 28Use of Claimed Commercial AnnouncementS' 48Use Payments' 38, 59, 61UselRe-use . See under Re-use

Stâiidâïd Rccûrdiiig Rate:; - 19Subsidiaries and Control1ing Interests' iSupervising Copyist. 55

Survival Clause' 9Sweetening' 36

vVideo Changes' 21,28,37

Videocassettes' 47Vocal Parts' 53

T

Term of Agreement. 1

Termination of Agreement. 2, 7Tracking' 36

Transfer of Rights . 8, 74Transposition' 56

Turnaround Time' 62

w

Waivers' 2

Wardrohe' 6S

Weather Permitting Cal1s . 62WorkDay' 62Working Conditions . 61

uUnauthorized Production' 5


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